May covered entities use information regarding specific clinical conditions of individuals in order to communicate about products or services for such conditions without a prior authorization?
Yes, if the communication is for the individual’s treatment or for case management, care coordination, or the recommendation of alternative therapies. The HIPAA Privacy Rule permits the use of clinical information to the extent it is reasonably necessary for these communications. Similarly, population-based activities in the areas of health education or disease prevention are not considered marketing when they promote health in a general manner. Again clinical information may be used for such communications, such as in targeting a public education campaign.