Practice Management Alert

Question: Are clinicians required to seek prior authorization, per the Health Information Portability and Accountability Act (HIPAA) Privacy Rule, before discussing a particular product or service with a patient, during an appointment or other in-person encounter?

Michigan subscriber

Answer: No. According to the Health and Human Services Department Office for Civil Rights (OCR), "In face-to-face encounters, the HIPAA Privacy Rule allows covered entities to give or discuss products or services, even when not health-related, to patients without a prior authorization. This exception prevents unnecessary intrusion into the doctor-patient relationship.

"Physicians may give out free pharmaceutical samples, regardless of their value. Similarly, hospitals may give infant supplies to new mothers. Moreover, the face-to-face exception would allow providers to leave general circulation materials in their offices for patients to pick up during office visits."