Murky HIPAA Marketing Guidance Creates Costs Headache

Law360, New York (September 23, 2013, 10:23 PM EDT) -- The U.S. Department of Health and Human Services last week clarified that covered health care entities and their partners are permitted to profit from providing patients with prescription reminders under the revamped health privacy law, but attorneys say the guidance's broad language will likely lead to battles over exactly how much companies can recoup.

In January, the agency implemented sweeping changes to the Health Insurance Portability and Accountability Act that classify any provider-patient communication paid for by a third party, such as a drugmaker, as marketing. Since then,...
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