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Do disease management, health promotion, preventive care, and wellness programs fall under the definition of “marketing”?

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Do disease management, health promotion, preventive care, and wellness programs fall under the definition of “marketing”?

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Whether these kinds of activities fall under the rule’s definition of “marketing” depends on the specifics of how the activity is conducted. The activities currently undertaken under these rubrics are diverse. Covered entities must examine the particular activities they undertake, and compare these to the activities that are exempt from the definition of “marketing.” Q: Can contractors (business associates) use PHI to market to individuals for their own business purposes? A: The Privacy Rule prohibits health plans and covered health care providers from giving PHI to third parties for the third party’s own business purposes, absent authorization from the individuals. Under the statute, this regulation cannot govern contractors directly.

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