HIPAA Marketing and Sale Provisions: Legal Potholes for Providers, Payors, Advertisers, Data Aggregators, Market Researchers and Others

The 2013 HIPAA Amendments directly apply to healthcare providers, plans and clearinghouses as “covered entities,” as well as their subcontractors and vendors as “business associates” (including their downstream subcontractors and agents). However, it is not just covered entities and business associates that need to understand the 2013 Amendments. Advertisers, data aggregators, market researchers and others that want access to PHI, even data that appear to be de-identified, will be impacted.

Duane Morris is issuing a series of Alerts on the 2013 Amendments, including an Overview Summary of the HIPAA Amendments. Please see the in-depth Alerts already distributed by the firm on changes under the 2013 Amendments to the definition of a business associate, changes to the breach notification requirements, key details about the minimum necessary standard, changes to the obligation of group health plans in regards to breaches of protected health information, highlights on the section of the HIPAA amendments that applies to genetic information and key impacts on health information technology.