Health Data Use for Marketing and Advertising: Privacy Risks and Patient Benefits

Nancy Perkins, Tina Grande, Melissa Goldstein, Lyra Correa

This session will explore the federal and state legal framework restricting the use of personal health information for marketing and advertising purposes.  Some of the questions to be addressed are:  (1)  what is “marketing” with respect to health care services?  (2) how do relevant rules define “health” information?  (3) what makes health information identifiable for privacy law purposes?  (4) what public policy objectives are served by permitting health care “advertising”?  (5) what risks to individuals arise when their health information is used to tailor advertisements to them?

Nancy Perkins, Partner, Arnold & Porter
Tina Grande, Executive Vice President, Policy, Healthcare Leadership Council
Melissa Goldstein, Associate Professor, Department of Health Policy and Management, The George Washington University
Lyra Correa, Office for Civil Rights, US Department of Health and Human Services

Readings:

• The HIPAA Privacy Rule and Refill Reminders and Other Communications About a Drug or Biologic Currently Being Prescribed for the Individual

• MARKETING [45 CFR 164.501, 164.508(a)(3)]

• Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates

• FTC Fines GoodRx $1.5 Million in First Enforcement Action Brought Under Health Breach Notification Rule

• FTC Announces $7.8 Million Fine as Part of Settlement With BetterHelp Regarding Health Information Privacy Practices