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HIPAA Privacy Rules Revised To Permit Prescription Refill Reminder Programs Funded By Pharmaceutical Companies

On September 19, 2013, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights released revisions to the Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules, permitting more flexibility to pharmaceutical companies to fund prescription refill reminder programs. The revised privacy rule allows refill reminders and other communications about drugs or biologics being prescribed for an individual to be exempted from the HIPAA definition of “marketing” provided that any financial remuneration received by the covered entity in exchange for the communication is related to the cost of creating the communication. The compliance date . . .

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