Skip to main content


U.S. flag
      An official website of the United States government
              Here’s how you know
        Here’s how you knowDot gov**Official websites use .gov**
                 A **.gov** website belongs to an official government organization in the United States.
                  HTTPS**Secure .gov websites use HTTPS**
                 A **lock** (A locked padlock) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. 
  Menu Close
          Enter the terms you wish to search for.
    Search
        








  
  
    

  
      

                                      About HHS
    
                        
                              
      
      
      Programs & Services
    
                        
                              
      
      
      Grants & Contracts
    
                        
                              
      
      
      Laws & Regulations                  
Health Information Privacy
  HIPAA for Individuals
    
                        
                                            
      
      
      Filing a Complaint
    
                        
                                            
      
      
      HIPAA for Professionals
    
                        
                                            
      
      
      Newsroom

              

    



Breadcrumb
    HHS
                              HIPAA Home
                              For Professionals
                              FAQ
                              Marketing - Refill Reminders


    

    

    Navigate to:
  Authorizations (30)
          Business Associates (41)
          Compliance Dates (2)
          Covered Entities (14)
          Decedents (9)
          Disclosures for Law Enforcement Purposes (5)
          Disclosures for Rule Enforcement (1)
          Disclosures in Emergency Situations (2)
          Disclosures Required by Law (6)
          Disclosures to Family and Friends (28)
          Disposal of Protected Health Information (6)
          Facility Directories (7)
          Family Medical History Information (3)
          FERPA and HIPAA (10)
          Group Health Plans (3)
          Incidental Uses and Disclosures (10)
          Judicial and Administrative Proceedings (8)
          Minimum Necessary (14)
          Notice of Privacy Practice (20)
          Preemption of State Law (10)
          Privacy Rule: General Topics (12)
          Protected Health Information (2)
          Public Health Uses and Disclosures (13)
          Research Uses and Disclosures (20)
          Right to an Accounting of Disclosures (8)
          Right to File a Complaint (1)
          Right to Request a Restriction (4)
          Safeguards (13)
          Security Rule (24)
          Smaller Providers and Businesses (145)
          Student Immunizations (8)
          Transition Provisions (3)
          Treatment, Payment, and Health Care Operations Disclosures (30)
          Workers Compensation Disclosures (5)
          Limited Data Set (6)
          Marketing (17)
          Marketing - Refill Reminders (16)
          Personal Representatives and Minors (12)
          Right to Access and Research (58)
          Mental Health (35)
          Health Information Technology (41)
          Telehealth (11)Text resize icon

                    




Marketing - Refill Reminders
  
  
  
      285-Can a doctor or pharmacy be paid to make a prescription refill reminder without a prior authorization under the HIPAA Privacy Rule
    Yes. It is not marketing for a doctor to make a prescription refill reminder even if a third party pays for the communication.
Read the full answer
      293-Are communications to beneficiaries about government programs marketing under HIPAA
    No. Communications about government and government-sponsored programs do not fall within the definition of “marketing.”
Read the full answer
      1514-What types of communications fall within the “refill reminder” exception to marketing
    The refill reminder exception to the definition of “marketing” encompasses refill reminders and other communications about a drug or biologic that is currently being prescribed for the individual.
Read the full answer
      1515-Do communications about recently-lapsed prescriptions for a medicine fall within the refill reminder exception
    Yes, so long the prescription lapsed within the last 90 calendar days and any financial remuneration received in exchange for making the communication is reasonably related to the covered entity’s cost of making the communication.
Read the full answer
      1516-Do communications about drug delivery systems fall within the refill reminder exception
    Yes.  Where an individual is prescribed a self-administered drug or biologic, such as insulin, communications regarding all aspects of a drug delivery system, such as an insulin pump, fall within the refill reminder exception at paragraph (2)(i) of the definition of “marketing” at 45 CFR 164.501, provided any financial remuneration received in exchange for making the communication is reasonably related to the covered entity’s cost of making the communication.
Read the full answer
      1517-Do communications about drugs related to currently prescribed drug fall within the refill reminder exception
    No. In the specific case of face-to-face encounters, the HIPAA Privacy Rule allows health plans and their business associates to market both health and non-health insurance products to individuals.
Read the full answer
      1518-Do communications about new formulations of a currently prescribed medicine fall within the refill reminder exception
    Yes, if the communication is for the individual’s treatment or for case management, care coordination, or the recommendation of alternative therapies.
Read the full answer
      1519-Do communications encouraging individuals to switch to an alternative therapy fall within the refill reminder exception
    No, only communications about drugs or biologics currently prescribed to the individual fall within the refill reminder exception at paragraph (2)(i) of the definition of “marketing” at 45 CFR 164.501
Read the full answer
      1520-What is permitted remuneration for purposes of the refill reminder exception to marketing
    The Privacy Rule excepts from the definition of “marketing” refill reminders and other communications about a drug or biologic that is currently being prescribed for the individual, provided that financial remuneration received by the covered entity in exchange for making the communication, if any, is reasonably related to the covered entity’s cost of making the communication.
Read the full answer
      1521-May a covered entity pay a business associate to assist in making a refill reminder
    Yes.  The Privacy Rule permits a covered entity to engage and pay a business associate to assist in making otherwise permitted communications to individuals and does not prescribe what the covered entity itself may pay the business associate for such services.
Read the full answer
      1522-May a business associate be paid by a pharmaceutical manufacturer to make a refill reminder
    Yes, provided any payments to the business associate do not exceed the fair market value of its services.  See paragraph (2)(i) of the definition of “marketing” at 45 CFR 164.501.
Read the full answer
      1523-May a covered entity contract with a business associate to assist in administering a refill reminder
    Yes.  However, in order for the refill reminders or other program communications to fall within the “refill reminder” exception to marketing, any financial remuneration received by the business associate from the pharmaceutical manufacturer (either directly or through the covered entity) must not exceed the fair market value of the business associate’s services.
Read the full answer
      1524-For existing patients, must we either obtain authorizations or terminate these sponsored communications with these patients?
    Yes, if the communication is for the individual’s treatment or for case management, care coordination, or the recommendation of alternative therapies.
Read the full answer
      1525-Is the covered entity required to obtain a new authorization each time a prescription is renewed
    No. A HIPAA authorization remains valid until it expires or is revoked by the individual. While a HIPAA authorization must contain an expiration date or event that relates to the individual or the purpose of the use or disclosure, the Privacy Rule does not otherwise prescribe the expiration date or event that must apply to the authorization, which may vary based on the circumstances.
Read the full answer
      1526-Are pharmaceutical manufacturer-funded communications to patients concerning a prescribed drug considered marketing
    No. If the Food and Drug Administration (FDA) determines that a particular drug can only be approved with additional measures, beyond labeling, to mitigate a serious risk posed by the drug, and one or more of those measures take the form of patient communications about the drug, then such communications are not marketing, even if the communication is funded by the drug manufacturer.
Read the full answer
      1527-Must a pharmacy obtain an individual’s written authorization prior to discussing alternative medication
    No. Face-to-face communications with an individual about specific products or services do not require individual authorization, even if such communications are subsidized by the third party whose product or service is being described.
Read the full answerBack to top
    Contact HHS
    
                        
                                            
      
      
      Careers
    
                        
                                            
      
      
      HHS FAQs
    
                        
                                            
      
      
      Nondiscrimination NoticeHHS Archive
    
                        
                                            
      
      
      Accessibility Statement
    
                        
                                            
      
      
      Privacy Policy
    
                        
                                            
      
      
      Viewers & PlayersBudget/Performance
    
                        
                                            
      
      
      Inspector General
    
                        
                                            
      
      
      Web Site Disclaimers
    
                        
                                            
      
      
      EEO/No Fear ActFOIA
    
                        
                                            
      
      
      The White House
    
                        
                                            
      
      
      USA.gov
    
                        
                                            
      
      
      Vulnerability Disclosure Policy
        Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases.

Sign Up
  HHS Headquarters
          200 Independence Avenue, S.W.
                  Washington, D.C. 20201
                  Toll Free Call Center: 1-877-696-6775​