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Expert Analysis

Making Refill Reminders: Not As Simple As You Think

Law360, New York (October 11, 2013, 1:17 PM EDT) -- On Sept. 19, 2013, the U.S. Department of Health and Human Services released guidance addressing the Health Insurance Portability and Accountability Act privacy rule limitations on how companies may remind patients to refill their prescriptions in exchange for remuneration. With limited exceptions, the privacy rule requires an individual's written authorization before his or her protected health information may be used or disclosed for a marketing communication (i.e., a communication about a product or service that encourages the individual to purchase or use that product or service)....

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