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                              FAQ
                              289-Are health care providers required to seek a prior authorization before discussing a product or service with a patient


    

    

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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?








  
  
    

  
      





Answer:

No. In face-to-face encounters, the HIPAA Privacy Rule allows covered entities to give or discuss products or services, even when not health-related, to patients without a prior authorization. This exception prevents unnecessary intrusion into the doctor-patient relationship.
Physicians may give out free pharmaceutical samples, regardless of their value. Similarly, hospitals may give infant supplies to new mothers. Moreover, the face-to-face exception would allow providers to leave general circulation materials in their offices for patients to pick up during office visits.

Date Created: 12/20/2002

                    
  


Content created by Office for Civil Rights (OCR) Content last reviewed February 14, 2023Back to top
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