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New HIPAA Omnibus Rule Implements Provisions of the HITECH Act
Perkins Coie LLP Link to more items from this source
[Guidance Overview]
Jan. 28, 2013
"The Omnibus Rule tightens the restrictions on the use or disclosure of PHI for marketing purposes by Covered Entities and Business Associates. Prior patient authorization for nearly all treatment and health care operations communications where the Covered Entity is marketing the products or services of a third party and receives 'financial remuneration' for making the communications (subsidized communications) is required. The authorization must state that remuneration is involved but may apply broadly to subsidized communications so long as the authorization otherwise meets the requirements of a valid authorization."

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