HIPAA Changes in the HITECH Act of 2009: Special Rule for Information to Reduce Medication Errors and Improve Patient Safety
House bill Sec. 4412
This text is from the Conference Committee Report
Current Law
Under the privacy rule, communications made by a covered
entity (or its business associate) to encourage a patient to
purchase or use a health care-related product or service are
excluded from the definition of marketing and, therefore, do
not require the patient's authorization, even if the covered
entity is paid by a third party to engage in such activities.
House Bill
The House bill states that none of the privacy provisions
in the bill would prevent a pharmacist from communicating
with patients to reduce medication errors and improve patient
safety provided there is no remuneration other than for
treatment of the individual and payment for such treatment.
The Secretary would be permitted by regulation to allow
pharmacists to receive reasonable, cost-based payment for
such communications, if it is determined that this would
improve patient care and protect PHI.
Senate Bill
The Senate bill does not include this same provision, but
has corresponding limitation in section 13406 of the Senate
bill.
Conference Agreement
The conference agreement does not include this same
provision, but has corresponding limitations in section
13406.