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
                              HIPAA for Individuals
                              HIPAA FAQs for Individuals
                              275-Does HIPAA expand the ability of providers to use my protected health information


    

    

    Navigate to:
  HIPAA for Individuals
                                            
            
            HIPAA & Reproductive Health
    
                                                  
                                            
            
      
      
      
      Mental Health & Substance Use Disorders
    
                                                                
                                                                  
            
      
      
      
      Your Rights Under HIPAA
                          
            
            Your Medical Records
    
                                                  
                                            
            
      
      
      
      Employers and Health Information in the Workplace
    
                                                  
                                            
            
      
      
      
      Personal Representatives
    
                                                  
                                            
            
      
      
      
      Family Members and Friends
    
                                                  
                                            
            
      
      
      
      Court Orders and Subpoenas
    
                                                  
                                            
            
      
      
      
      Notice of Privacy Practices
    
                                                  
                                            
            
      
      
      
      Right to Access
    
                                                  
                                            
            
      
      
      
      HIV and HIPAA
    
                                                  
                                            
            
      
      
      
      FAQsText resize icon

                    




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?








  
  
    

  
      





Answer:

No. The Privacy Rule’s limitations on the use or disclosure of protected health information for marketing purposes do not exist in most States today. For example, the Rule requires patients’ authorization for the following types of uses or disclosures of protected health information for marketing:

Selling protected health information to third parties for their use and re-use. Thus, under the Rule, a hospital or other provider may not sell names of pregnant women to baby formula manufacturers or magazines without an authorization.
	Disclosing protected health information to outsiders for the outsiders’ independent marketing use. Under the Rule, doctors may not provide patient lists to pharmaceutical companies for those companies’ drug promotions without an authorization.Without these Privacy Rule restrictions, these activities could occur with no authorization from the individual in most jurisdictions. In addition, if a State law provided additional limitations on disclosures of information for related activities, the Privacy Rule generally would not interfere with those laws.

Moreover, under the “business associate” provisions of the Privacy Rule, a covered entity may not give protected health information to a telemarketer, door-to-door salesperson, or other third party it has hired to make permitted communications (for example, about a covered entities’ own goods and services) unless that third party has agreed by contract to use the information only for communicating on behalf of the covered entity. Without the Privacy Rule, there may be no restrictions on how third parties re-use information they obtain from health plans and providers. See the fact sheet and frequently asked questions on this web site about the business associate standard for more information.

Created 12/19/02

                    
  


Content created by Office for Civil Rights (OCR) Content last reviewed January 9, 2023Back 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​