Refill Reminder Exception To The Privacy Rule Created By The HITECH Act

The passing of the Health Information Technology for Economic and Clinical Health Act (HITECH) resulted in multiple changes regarding existing protection of protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA). Part of this was to limit the use of PHI for marketing purposes under what is known as the Privacy Rule. Generally, an individual's PHI may not be used or disclosed for the purpose of making a marketing communication to the individual. However, concern with ensuring effective patient treatment led to the creation of an exception known as the "Refill Reminder Exception." The Refill Reminder Exception became effective on September 23, 2013. On September 19, 2013, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released new guidance regarding this exception, which is discussed below.