HealthIT Answers April 11, 2022
By Matt Fisher, General Counsel, Carium
The Office for Civil Rights (OCR) recently provided new lessons when it comes to mixing healthcare marketing and HIPAA. In this case, marketing is being looked at broadly to include not just communications or interactions about an organization subject to HIPAA, but also limits on the use of patient information outside the bounds of the organization. The basic message from OCR is to respect privacy, understand HIPAA’s clear requirements on marketing, and take OCR requests seriously.
No Marketing Free for All Allowed
Taking patient information to bolster a political campaign is not permissible. While that determination should be obvious, it is the underlying issue in the recent settlement with Northcutt Dental-Fairhope (Northcutt). As summarized...