QUESTION: We would like a hospital employee to obtain a daily list of admissions, review the patient’s medical record to determine if the patient might benefit from rehab services offered by the hospital, and contact the patient if rehab is indicated. Is this permitted, or would it violate HIPAA’s “marketing” rules?
ANSWER: This practice would be permitted by HIPAA. Under HIPAA, “marketing” means “to make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service.”
However, HIPAA includes a number of exceptions to this definition of marketing. Under HIPAA, the following activities are not “marketing” (as long as payment is not made to the entity for making the communication):
- “case management or care coordination for the individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care to the individual”;
- “to describe a 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”; or
- “case management or care coordination, contacting of individuals with information about treatment alternatives, and related functions to the extent these activities do not fall within the definition of treatment.”
Calling a patient to discuss the rehab services offered by the hospital satisfies the exception to the definition of marketing. Thus, such calls would not violate HIPAA.