Section 9: Sale of Protected Health Information

Section 9: Sale of Protected Health Information

HIPAA defines the Sale of PHI as the disclosure of PHI in return for remuneration.

UT Dallas shall not exchange PHI in return for direct or indirect remuneration without a signed authorization except:

  • For purposes of public health
  • Research permitted by HIPAA if the payment is a reasonable, cost-based fee to cover the cost of preparing and transmitting the PHI
  • Treatment and payment
  • Activities performed by a Business Associate if the payment is for the BA performance of such activities
  • To provide access or an accounting of records to a patient
  • As required by law
  • As otherwise permitted under HIPAA where only a reasonable cost-based fee is paid

An authorization permitting a sale of PHI shall state that the sale will result in remuneration to UT Dallas.

HIPAA Privacy Citation: 45 CFR § 164.508(a)(ii)(4)

Effective:  04/14/2003
Revised:  04/13/2013
Reviewed: 03/16/2021, 08/15/2018, 06/09/2015

Donise W. Pearson, HIPAA Privacy Officer
UT Dallas Callier Center