All Entries in the "HIPAA" Category

Stricter HIPAA Rules: What Marketers Need to Know

I’ve been doing some reading to figure out the implications of changes to the HIPAA privacy rules for healthcare marketers, and I assume many of you have been, too. Here’s a thumbnail sketch of some of the changes.

U.S. President Barack Obama’s $787 billion economic American Recovery and Reinvestment Act of 2009 includes provisions for heightened enforcement of HIPAA and stiffer penalties for privacy and security violations. It also further strengthens rules for the marketing and release of patient information. For example, hospitals must now be more dilligent about not marketing to patients who opt out of hospital fundraising lists.

In general, according to section 13406, which covers healthcare marketing, 
organizations may not:

• Communicate about a product or service that encourages recipients to purchase or use the product or service.
• Communicate with consumers if the hospital receives or has received direct or indirect payment in exchange for making such communication.

There are exceptions, such as if a drug is currently prescribed for the recipient or the payment is “reasonable,” for example. Naturally, the definition of “reasonable” isn’t clearly spelled out.

In addition, healthcare organizations must, “in a clear and conspicuous manner,” provide an opportunity for recipients of fundraising communications to opt out of all future contacts. “When an individual elects not to receive any further such communication, such election shall be treated as a revocation of authorization. (Previously hospitals needed only to make a reasonable effort.)

Looking for more detail and analysis? Check out these resources:

HealthLeaders Media coverage of the stimulus package: (A ton of information and links, all neatly organized on one page).

Economic stimulus act heightens HIPAA enforcement: An informative but easy-to-digest overview and analysis of the recent changes. 

Twittering Surgery, Live, at Henry Ford Hospital

OK, you have to check this out: Henry Ford Hospital is live tweeting a surgery. Right now. As I type this.

From their site: “Dr. Craig Rogers is leading a surgical team from Henry Ford Hospital as they perform a robotic partial nephrectomy. The public will be able to receive updates and information from OR 25 at Henry Ford Hospital, and communicate with the surgeons via the Twitter microblogging service.” Read more about the live surgery, including details about the patient’s condition and why this case is particularly difficult.

Why is Henry Ford doing this? “Twittering during surgery provides patients and others with exposure to new technology and surgical procedures,” they wrote on their Twitter feed. They’re also answering questions about everything from HIPAA to infection control.

What do you think–is this a great way to create buzz, promote your surgeons and technology? Or is it just a little too cutting-edge for your taste?

It’s created a pretty big buzz in the twitterverse. You can follow what everyone’s saying about the event on the search page (tag HFHOR).