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


    

    

    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
  
  
  
      275-Does HIPAA expand the ability of providers to use my protected health information
    The Privacy Rule’s limitations on the use or disclosure of protected health information for marketing purposes do not exist in most States today.
Read the full answer
      277-Can telemarketers obtain my health information and use it to call me to sell good and services
    Under the HIPAA Privacy Rule, a covered entity can share protected health information with a telemarketer only if the covered entity has either obtained the individual’s prior written authorization to do so, or has entered into a business associate relationship with the telemarketer for the purpose of making a communication that is not marketing, such as to inform individuals about the covered entity’s own goods or services.
Read the full answer
      278-When is an authorization required from the patient before a provider or health plan engages in marketing to that individual
    The HIPAA Privacy Rule expressly requires an authorization for uses or disclosures of protected health information for ALL marketing communications, except in two circumstances:
Read the full answer
      279-How can I distinguish between activities for treatment or health care operations versus marketing activities
    The overlap among common usages of the terms “treatment,” “healthcare operations,” and “marketing” is unavoidable.
Read the full answer
      280-Do disease management, health promotion, preventive care, and wellness programs fall under the HIPAA definition of marketing
    Generally, no. To the extent the disease management or wellness program is operated by the covered entity directly or by a business associate, communications about such programs are not marketing because they are about the covered entity’s own health-related services.
Read the full answer
      281-Is it marketing for a covered entity to describe products or services that are provided by the covered entity to its patients
    No. The HIPAA Privacy Rule excludes from the definition of “marketing” communications made to describe a covered entity’s health-related product or service (or payment for such product or service) that is provided by, or included in a plan of benefits of, the covered entity making the communication.
Read the full answer
      282-Is it marketing for a covered entity to describe the entities participating in a health care provider network or a health plan network
    The HIPAA Privacy Rule excludes from the definition of “marketing,” communications by a covered entity to describe the entities participating in a health care provider network or a health plan network.
Read the full answer
      283-Is it marketing for an insurance plan or health plan to send enrollees notices about changes to existing plans
    No. The HIPAA Privacy Rule excludes from the definition of “marketing,” communications about replacements of, or enhancements to, a health plan.
Read the full answer
      284-Can health plans communicate about health-related products or services to enrollees that are not part of a plan of benefits
    The provision of value-added items or services (VAIS) is a common practice, particularly for managed care organizations.
Read the full answer
      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
      287-What are examples of alternative treatments excepted from the HIPAA definition of marketing
    Alternative treatments are treatments that are within the range of treatment options available to an individual.
Read the full answer
      288-Are prior authorizations required when a doctor or health plan distributes promotional gifts of nominal value?
    No. In a specific exception, the HIPAA Privacy Rule allows covered entities to distribute items commonly known as promotional gifts of nominal value without prior authorization, even if such items are distributed with the intent of encouraging the receiver to buy the products or services.
Read the full answer
      289-Are health care providers required to seek a prior authorization before discussing a product or service with a patient
    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.
Read the full answer
      290-Must insurance agents that are business associates of a health plan seek a prior authorization before talking to a customer
    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
      291-What effect do the marketing provisions of the HIPAA Privacy Rule have on Federal or State fraud and abuse statutes
    The Privacy Rule makes it clear that nothing in the marketing provisions of the Privacy Rule are to be construed as amending, modifying, or changing any rule or requirement related to any other Federal or State statutes or regulations, including specifically anti-kickback, fraud and abuse, or self-referral statutes or regulations, or to authorize or permit any activity or transaction currently proscribed by such statutes and regulations.
Read the full answer
      292-May covered entities use information regarding specific clinical conditions of individuals
    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
      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 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​