Breaking Down The HIPAA Rule Changes: Part 4 Of 5 - Uses And Disclosures Of PHI Under The Final Rule; Changes Related To Marketing, Research, Fundraising And The Sale Of Protected Health Information And Other Significant Changes

In This Issue:

- Modifications Related to the Use and Disclosure of PHI for Marketing Purposes

- Modifications Related to the Use and Disclosure of PHI for Research Purposes

..Compound Authorizations Permitted

..Authorizations for Future Research Permitted

- Modifications Related to the Use of PHI for Fundraising Purposes

..Opportunity to Opt-Out of Communications

..Expanded Types of PHI Permissibly Used For Fundraising Communications

- The Prohibition on the Sale of PHI

- Other Modifications to the Privacy Rule Related to the Use and Disclosure of PHI

..Use and Disclosure of a Decedent’s PHI

..Disclosure of Immunization Records to Schools

- Excerpt from Modifications Related to the Use and Disclosure of PHI for Marketing


The Final Rule modified how PHI is permitted to be used by a Covered Entity or a Business Associate for marketing purposes, mainly by modifying the definition of the types of activities that constitute “marketing” for purposes of HIPAA.

Please see full Alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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