Doctors can be paid for sending prescription fill reminders to patients. These reminders are considered part of the patient's treatment and, in most cases, are exempt from the definition of marketing under the HIPAA Privacy Rule.
Prescription fill reminder emails and HIPAA
Under the HIPAA Privacy Rule, healthcare providers such as doctors and pharmacies are permitted to send prescription refill reminder emails to patients without obtaining prior authorization. These reminder communications are categorized as treatment-related and, therefore, exempt from the definition of marketing according to HIPAA regulations. As a result, patients can receive these reminders as a part of their ongoing treatment process without additional consent requirements.
Can a doctor be paid to send a reminder?
A doctor can be paid to send prescription refill reminders to patients without needing prior authorization. These reminders are still considered part of the patient's treatment. Therefore, a doctor can receive payment for sending such reminders to patients as long as the primary purpose of the communication remains treatment-related. Note that prescription refill reminders do not require prior authorization, and the fact that the doctor receives payment for this service does not transform it into a commercial promotion.
What are possible sources of payment?
The payment to the doctor for sending prescription refill reminders could come from various sources, such as:
- Healthcare organizations: The doctor's own healthcare practice or organization might compensate them for providing prescription refill reminders to their patients. This could be considered a part of the patient care services offered by the healthcare provider.
- Pharmaceutical companies: Pharmaceutical companies could pay the doctor to send reminders about their medications. This payment would be for the doctor's time and expertise, and the communication would still be considered treatment-related as long as the primary purpose is to support the patient's health.
- Third-party services: In some cases, third-party services specializing in patient communication and reminders might collaborate with doctors. These services could handle the technical aspects of sending out reminders and might reimburse doctors for their involvement.
See also: Are patient satisfaction surveys HIPAA compliant?
Is suggesting alternative medication based on payment a treatment email?
If a healthcare provider is paid to recommend alternative medications to a patient, the communication is intended to provide medical advice and support the patient's treatment. As long as the primary purpose of the communication is to assist the patient in managing their health and medical condition, it falls within the category of treatment-related communications.
The critical factor is that the communication is focused on the patient's well-being and the medical decision-making process. The fact that the healthcare provider receives payment for their expertise or time in making this recommendation does not automatically transform it into a marketing message.
See also: Do you need patient opt-in for treatment-related emails?
Authorization for third-party marketing sales
The sale of patient PHI to third parties for marketing purposes usually involves sharing patient information with external entities (not involved in direct patient care) to promote products or services unrelated to the patient's treatment. With prescription reminders, the communication aims to support the patient's health. It directly relates to their medical treatment, making it a treatment-related communication.
However, if a doctor were to use patient information to send marketing materials on behalf of a pharmaceutical company or any other unrelated third party, it would likely require patient authorization. This scenario would involve the sale of PHI to a third party for marketing purposes, and patient consent would be needed before sharing their information.
See also: HIPAA compliant email marketing: What you need to know
Kirsten Peremore
