Can a patient authorize the use of their PHI for marketing purposes?

A patient can indeed authorize the use of their Protected Health Information (PHI) for marketing purposes, and this generally requires written authorization. Under HIPAA, marketing activities involve communications that encourage the purchase of products or services and, in most instances, necessitate a patient’s explicit consent.

For example, if a healthcare provider wants to send a patient information about a new service or medication that they may benefit from, they must obtain written authorization before doing so. This serves to protect the patient's privacy while ensuring that they have control over their personal information.

While some communications may be permissible without prior authorization—for example, communications that are directly related to treatment or healthcare operations—most marketing-related communications cannot proceed without that consent. Hence, the requirement for written authorization from the patient underscores their right to protect their health information in this context.