What type of consent can never be used to justify marketing with PHI?

Implied consent cannot be used to justify marketing with protected health information (PHI) under the HIPAA Privacy Rule. Implied consent refers to a situation where consent is understood based on the actions or circumstances, rather than explicitly stated. This type of consent is often deemed insufficient when it comes to marketing activities involving PHI because HIPAA sets strict requirements for the use and disclosure of such sensitive information. Marketing efforts, especially those that involve the sale of PHI or communication to individuals regarding products or services, require explicit permission to ensure that individuals' rights and privacy are fully protected.

In contrast, written consent, verbal consent, and parental consent can all be utilized to gain authorization for marketing purposes involving PHI, as they signify a clear and informed agreement from the individual or authorized party to the use of their information for those marketing activities. Thus, without explicit and documented consent, which is typically required for marketing, implied consent falls short of meeting HIPAA's standards.