Can a covered entity use PHI for marketing purposes without consent?

The correct answer is that written authorization is usually required for a covered entity to use protected health information (PHI) for marketing purposes. Under the HIPAA Privacy Rule, marketing is defined as communication sent to individuals to encourage the purchase or use of a product or service. When it comes to using PHI for such marketing activities, the general principle is that covered entities must obtain written authorization from the individual whose information is being used. This requirement ensures that individuals have control over their health information and can make informed decisions about how it is used, particularly for marketing purposes which may lead to more personal or sensitive aspects of their health being disclosed.

While there are some exceptions under HIPAA that allow for certain types of communications without authorization (for example, communications about treatment options or health-related products with minimal risk to privacy), these do not typically encompass broader marketing efforts that seek to promote products or services. Hence, the strong emphasis on obtaining consent for uses that fall under the marketing category reflects protection priorities around individuals’ privacy rights in the handling of their sensitive health information.