In time for the September 23 compliance date of the revamped HIPAA privacy and security rules, new guidance from the Department of Health and Human Services walks through the drug and biologics “refill reminder” exemption to provisions that restrict the use of protected health information for marketing purposes.

“The Privacy Rule expressly excludes from the definition of ‘marketing’ refill reminders or other communications about a drug or biologic that is currently being prescribed for the individual, provided that financial remuneration received by the covered entity, if any, is reasonably related to the covered entity’s cost of marking the communication,” according to the guidance from the HHS Office for Civil Rights.

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