Can healthcare providers share PHI for marketing purposes?

Healthcare providers are generally not permitted to share Protected Health Information (PHI) for marketing purposes without obtaining written consent from the individual. This requirement is established by the Privacy Rule under HIPAA, which is designed to protect patient privacy and confidentiality.

Under HIPAA, marketing activities are defined as communications about a product or service that is not specifically related to the treatment of the patient or health care operations. For any disclosures of PHI for these marketing purposes, healthcare providers must obtain explicit written authorization from the individual whose information is being shared. This ensures that patients have control over how their sensitive information is used and shared beyond their direct healthcare needs.

In various situations, even communications that might be perceived as promotional or beneficial to the patient are not exempt from this rule. Therefore, the need for prior written consent is a critical aspect of maintaining compliance with HIPAA regulations regarding patient information.