For example, information about a woman's pregnancy can be used by health providers or plans for marketing and disclosed to others for marketing. A woman can only object after the fact. All medical information held by providers and payers can be used by them for marketing without affirmative patient consent or with no opportunity to opt-out in advance. All protected health information can be disclosed for marketing . The rule does not protect information about diagnoses, prescriptions, pregnancy, sexually transmitted diseases, mental health treatments, or confidential communications.
Patients have the right to opt-out of marketing only after receiving a marketing communication.
If a family of four has a dozen doctors, clinics, health plans, hospitals, laboratories, pharmacies or pharmacy benefit managers, the family may have to write 48 separate letters to opt-out of each organization's marketing activities. Allows use and disclosure of any protected health information for many marketing purposes without the affirmative consent of the individual. Allows disclosure of any protected health information for many marketing purposes without mandating an advance opt-out. Nothing in the rule says that a covered entity cannot charge patients who want to opt-out. HHS has defended the marketing rule by saying that it allows physicians to make recommendations to patients.