When HIPAA-covered entities are sharing consumer health information, it isn’t just HIPAA rules that must be followed. If the health information is being used or disclosed for commercial activities beyond treatment, payment, healthcare operations and other uses and disclosures authorized under the HIPAA privacy rule, entities also need to follow Federal Trade Commission regulations.
New guidance from the HHS Office for Civil Rights walks through the FTC requirements. In short, entities should make sure their information disclosure statements are not deceptive under the FTC Act, according to OCR.
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