Marketing

Date of Publication:

3/13/2019

Definition:

To make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service. Marketing includes an arrangement between a DOD covered entity and any other entity whereby the DOD covered entity disclosed PHI to the other entity, in exchange for direct or indirect payment, for the other entity or its affiliate to make a communication about its own product or service that encourages recipients of the communication to purchase or use that product or service. Marketing does not include a communication made:

To inform an individual who is a member of a Uniformed Service or a covered beneficiary of the MHS of benefits, services, coverages, limitations, costs, procedures, rights, obligations, options, and other information concerning the MHS as established by law and applicable regulations.

To provide refill reminders or otherwise communicate about a drug or biologic that is currently being prescribed for the individual, only if any payment received by the DOD covered entity in exchange for making the communication is reasonably related to the DOD covered entity’s cost of making the communication.

For the following treatment and health care operations purposes, except where the DOD covered entity receives payment in exchange for making the communication:

For treatment of an individual by a health care provider including case management or care coordination of the individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care to the individual.

To describe a health-related product or service (or payment for such product or service) that is provided by, or included in a plan of benefits of, the DOD covered entity making the communication, including communication about: the entities participating in a health care provider network or health plan network; replacement of, or enhancements to, a health plan; and health-related products or services available only to a health plan enrollee that add value to, but are not part of, a plan of benefits.

For case management or care coordination, contacting of individuals with information about treatment alternatives, and related functions to the extent these activities do not fall within the definition of treatment.