Subcommittee on Privacy & Confidentiality

Discussion

I. Marketing Issues

• A. Whether the current structure of marketing coverage under the rule generally should be continued.
  • 1. Currently, health-related marketing is considered a part of health care operations (and therefore subject to the one-time general consent) if it is (1) face-to-face, (2) involves only items of nominal value, or (3) complies with the provisions for third-party marketing (including disclosure and “opt-out” requirements).
  • 2. Possible changes:
    • a. Return to the position of the NPRM, under which no marketing activities would be permitted without a prior authorization.
    • b. Permit all marketing without prior authorization (and not just the 3 exceptions)?
• B. Consideration of various specific recommendations that, if adopted, would revise or clarify provisions under any of the above structures.
  • 1. Definition of Marketing
  • 2. Prior Authorizations
  • 3. Opt-out/Opt-In Provisions
  • 4. Disclosure of Marketing Arrangements
  • 5. Special Case Marketing Considerations- Minors and “Sensitive” Information
  • 6. Regulations of Methods

II. FUNDRAISING ISSUES

• A. Whether the current structure of fundraising coverage under the rule should be continued.
• B. Consideration of various specific recommendations that, if adopted, would revise or clarify provisions under any of the above structures.
  • 1. If current system retained, should the list of approved demographic information for release be amended to include the name of doc and/or dept in which the patient was seen.
  • 2. If the current system is replaced with one requiring prior authorization for fundraising, should the authorization form be simplified for fundraising?