Legality of targeted mailings

[dumediat]

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On my current rotation, we have been having a little debate whether it's legal to target a specific patient population for mailings. In our case, we are thinking about selecting only patients with diabetes based solely on prescriptions filled at our pharmacy, and sending them mailings which advertise our diabetes group program.

However, I always thought that it was illegal to select patients like this...rather, one should randomly choose patients from the entire pool of customers, and send the mailings without knowing who has diabetes and who doesn't.

Your thoughts?

 

[Aznfarmerboi]

On my current rotation, we have been having a little debate whether it's legal to target a specific patient population for mailings. In our case, we are thinking about selecting only patients with diabetes based solely on prescriptions filled at our pharmacy, and sending them mailings which advertise our diabetes group program.

However, I always thought that it was illegal to select patients like this...rather, one should randomly choose patients from the entire pool of customers, and send the mailings without knowing who has diabetes and who doesn't.

Your thoughts?

Depends. There is a lot of grey issues here. I believe it is not okay but I am unsure of my HIPAA now.

 

[Vitamin K]

I don't see how it would be a HIPAA violation if you mailed it in a sealed envelope addressed to the patient?

 

[pharm127]

It's my understanding that targeting mailings for the purpose of selling something is illegal per HIPAA, but if you are just letting them know about a free service available such as diabetes education at your pharmacy that's ok.

 

[dumediat]

I don't see how it would be a HIPAA violation if you mailed it in a sealed envelope addressed to the patient?

Well, it's not so much the mailings themselves that I'm concerned about, it's the method in which we are planning on selecting patients.

 

[Old Timer]

Well, it's not so much the mailings themselves that I'm concerned about, it's the method in which we are planning on selecting patients.

It's information stored at your pharmacy, and shared with nobody outside your pharmacy, it;s fine.

 

[deleted205891]

It's fine, as long as you don't advertise actual medications or offer free or deeply discounted samples specifically to that population (relying on Law and Order here).