ARRA HITECH Act 13406

Results for ARRA HITECH Act 13406

ARRA HITECH Act 13406(a)

Conditions on certain contacts as part of health care operations : Marketing by a covered entity or business associate to purchase/use a product/service is not a health care operation, unless the marketing/communication describes a health-related product or service that is provided by the covered entity making the communication; is for treatment of the individual; or is for the case management/care coordination of the individual. Lists exceptions for when payment for marketing communications can be considered a health care operation. Defines ?reasonable in amount?; describes what ?direct or indirect payment? can include.

Civil Code 1798.91 (2004)

Summary:

A business may not request medical information for marketing purposes unless the business discloses the marketing purpose, and gains the consent of the data subject or the subject's authorized representative prior to obtaining the medical information. The section also lays out requirements for the formatting, readability of written consent forms.

Keywords:
business, marketing
Associated Federal Law(s): 
164.508(a)(3)
ARRA HITECH Act 13406(a)

Insurance Code 791.13(k) (1981; amended by AB 470, 2009)

Summary:

An insurance institution, agent, or insurance-support organization may disclose personal or privileged information about an individual collected or received in connection with an insurance transaction to a person whose only use of the information will be in connection with the marketing of a product or service, provided: (1) no medical-record information, privileged information, or personal information relating to an individual's character, personal habits, mode of living, or general reputation is disclosed, and no classification derived from the information is disclosed; or (2) the individual

Keywords:
business associate, non-health insurer, marketing
Associated Federal Law(s): 
164.508(a)(3)
ARRA HITECH Act 13406(a)

Civil Code 1798.83(a) (2003; amended by SB 1108, 2005)

Summary:

With some exceptions, if a business has an established business relationship with a customer and has within the immediately preceding calendar year disclosed personal information, including medical conditions and drugs, therapies, or medical products/equipment used, to third parties that used the personal information for direct marketing purposes, that business shall, upon request from the customer, provide to the customer free of charge: (1) a list of the categories of personal information disclosed by the business to third parties for the third parties' direct marketing purposes during the i

Keywords:
business, business associate, tracing of disclosures, marketing, records disclosure to subject
Associated Federal Law(s): 
164.528(a)(1)
ARRA HITECH Act 13405(c)
164.508(a)(3)
ARRA HITECH Act 13406(a)
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