1. Is it marketing for a covered entity to describe the entities participating in a health care provider network or a health plan network?
2. Is it marketing for an insurance plan or health plan to send enrollees notices about changes, replacements, or improvements to existing plans?
3. Are communications concerning information to beneficiaries about government programs or government-sponsored programs "marketing" under the HIPAA Privacy Rule?
4. What effect do the “marketing” provisions of the HIPAA Privacy Rule have on Federal or State fraud and abuse statutes?
5. Can health plans communicate about health-related products or services to enrollees that add value to, but are not part of, a plan of benefits?
6. Does the HIPAA Privacy Rule expand the ability of providers, plans, marketers and others to use my protected health information to market goods and services to me? Does the Privacy Rule make it easier for health care businesses to engage in door-to-door sales and marketing efforts?
7. Must insurance agents that are business associates of a health plan seek a prior authorization before talking to a customer in a face-to-face encounter about the insurance company's other lines of business?
8. Are prior authorizations required when a doctor or health plan distributes promotional gifts of nominal value?
9. Can telemarketers obtain an individual's health information and use it to call him to sell good and services?
10. What are examples of "alternative treatments" that are excepted from the HIPAA Privacy Rule's definition of "marketing"?
11. Can a health care provider or pharmacy be paid to make a prescription refill reminder without a prior authorization under the HIPAA Privacy Rule?
12. Are health care providers required to seek a prior authorization before discussing a product or service with a patient, or giving a product or service to a patient, in a face-to-face encounter?
13. May covered entities use information regarding specific clinical conditions of individuals in order to communicate about products or services for such conditions without a prior authorization?
14. Is it marketing for a covered entity to describe products or services that are provided by the covered entity to its patients, or to describe products or services that are included in the health plan's plan of benefits of the health plan?
15. Do disease management, health promotion, preventive care, and wellness programs fall under the HIPAA Privacy Rule's definition of "marketing"?
16. How can I distinguish between activities for treatment or health care operations versus marketing activities?
17. When is an authorization required from the patient before a provider or health plan engages in marketing to that individual?
18. Are appointment reminders allowed under the HIPAA Privacy Rule without authorizations?
19. Can contractors (business associates) use protected health information for its own marketing purposes?
20. How does a person distinguish between activities for treatment, payment or health care operations versus marketing activities?
21. When is an authorization required from the patient before a provider or health plan engages in marketing to that individual?
22. Can telemarketers gain access to patient information and call individuals to sell goods and services?
23. Does HIPAA expand the ability of health care providers, plans, marketers and others to use protected health information to market goods and services to people? Does the Privacy Rule make it easier for health care businesses to engage in door-to-door sales and marketing efforts?
24. What does HIPPA constitute as "marketing"?
25. Is an individual's consent or authorization necessary before using protected health information for marketing purposes?
26. When is consent/authorization not required for marketing activities?
27. Can health care providers disclose protected health information for marketing purposes to a third party?