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HIPAA Changes in H.R. 1
The American Recovery and Reinvestment Act of 2009

Special Rule for Information to Reduce Medication Errors and Improve Patient Safety
House bill Sec. 4412

This text is from the Conference Committee Report

Current Law

Under the privacy rule, communications made by a covered entity (or its business associate) to encourage a patient to purchase or use a health care-related product or service are excluded from the definition of marketing and, therefore, do not require the patient's authorization, even if the covered entity is paid by a third party to engage in such activities.

House Bill

The House bill states that none of the privacy provisions in the bill would prevent a pharmacist from communicating with patients to reduce medication errors and improve patient safety provided there is no remuneration other than for treatment of the individual and payment for such treatment. The Secretary would be permitted by regulation to allow pharmacists to receive reasonable, cost-based payment for such communications, if it is determined that this would improve patient care and protect PHI.

Senate Bill

The Senate bill does not include this same provision, but has corresponding limitation in section 13406 of the Senate bill.

Conference Agreement

The conference agreement does not include this same provision, but has corresponding limitations in section 13406.