Revised: 05/05/2015, 09/23/2014
HIPAA defines Marketing as a communication that encourages the recipient to purchase or use a product or service. It includes any instance where the Callier Center receives financial remuneration for the communication. Financial remuneration means direct or indirect payment from or on behalf of a third party whose product or service is being described. Direct or indirect payment does not include any payment for treatment of an individual.
The Callier Center does not disclose or use PHI for marketing purposes without a signed Authorization from the patient. Signed authorizations will reside in the patient’s electronic Medical Record.
The following activities do not constitute marketing:
- Communications to a patient that relate to the patient’s specific treatment (i.e., case management, potential new services, treatment plans, or alternatives to treatment that do not involve financial remuneration)
- Face-to-face encounters even if the topic involves an activity that could be considered Marketing
- Promotional gifts of nominal value
Business Associates may not use Callier Center PHI for marketing of any kind that promotes their services or products. For purposes of this policy marketing by a Business Associate does not include communications made on behalf of the Callier Center that are addressed in the Business Associate Agreement.
The Notice of Privacy Practice shall include information about the Center’s marketing practices.
Reviewed and Approved: 06/09/2015
Donise Pearson, HIPAA Privacy Officer
UT Dallas Callier Center