What must typically be obtained before a covered entity can use PHI for marketing purposes?

For a covered entity to use Protected Health Information (PHI) for marketing purposes, the law typically requires that they obtain written authorization from the individual whose information is being used. This authorization must clearly outline how the PHI will be utilized in marketing efforts, ensuring that patients have control over their personal health information.

Written authorization is critical because it provides a clear record of the individual's consent and helps safeguard their privacy rights as established under the HIPAA Privacy Rule. This requirement reflects a commitment to transparency and respect for patients' autonomy regarding their health data.

Other forms of consent, such as oral consent or implied consent, are generally not sufficient for marketing uses of PHI, as they do not provide the same level of documentation and protection for the patient’s private information. Furthermore, there are specific situations where no consent might be needed, but these often relate to different types of communications not involving marketing, emphasizing the importance of written authorization in this context.