HIPAA Privacy Rule - Marketing

Marketing is any communication about a product or service that encourages recipients to purchase or use the product or service. The HIPAA Privacy Rule carves out the following health-related activities from this definition of marketing:

• Communications to describe health-related products or services, or payment for them, provided by or included in a benefit plan of the covered entity making the communication;
• Communications about participating providers in a provider or health plan network, replacement of or enhancements to a health plan, and health-related products or services available only to a health plan’s enrollees that add value to, but are not part of, the benefits plan;
• Communications for treatment of the individual; and
• Communications for case management or care coordination for the individual, or to direct or recommend alternative treatments, therapies, health care providers, or care settings to the individual.