Texas Health and Safety Code 181.152 – Marketing Uses of Information
(a) A covered entity must obtain clear and unambiguous permission in written or electronic form to use or disclose protected health information for any marketing communication, except if the communication is:
(1) in the form of a face-to-face communication made by a covered entity to an individual;
(2) in the form of a promotional gift of nominal value provided by the covered entity;
(3) necessary for administration of a patient assistance program or other prescription drug savings or discount program; or
(4) made at the oral request of the individual.
(b) If a covered entity uses or discloses protected health information to send a written marketing communication through the mail, the communication must be sent in an envelope showing only the names and addresses of sender and recipient and must:
(1) state the name and toll-free number of the entity sending the marketing communication; and
(2) explain the recipient’s right to have the recipient’s name removed from the sender’s mailing list.
Terms Used In Texas Health and Safety Code 181.152
- Covered entity: means any person who:
(A) for commercial, financial, or professional gain, monetary fees, or dues, or on a cooperative, nonprofit, or pro bono basis, engages, in whole or in part, and with real or constructive knowledge, in the practice of assembling, collecting, analyzing, using, evaluating, storing, or transmitting protected health information. See Texas Health and Safety Code 181.001 - Disclose: means to release, transfer, provide access to, or otherwise divulge information outside the entity holding the information. See Texas Health and Safety Code 181.001
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Marketing: means :
(A) making a communication about a product or service that encourages a recipient of the communication to purchase or use the product or service, unless the communication is made:
(i) to describe a health-related product or service or the payment for a health-related product or service that is provided by, or included in a plan of benefits of, the covered entity making the communication, including communications about:
(a) the entities participating in a health care provider network or health plan network;
(b) replacement of, or enhancement to, a health plan; or
(c) health-related products or services available only to a health plan enrollee that add value to, but are not part of, a plan of benefits;
(ii) for treatment of the individual;
(iii) for case management or care coordination for the individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care to the individual; or
(iv) by a covered entity to an individual that encourages a change to a prescription drug included in the covered entity's drug formulary or preferred drug list;
(B) an arrangement between a covered entity and any other entity under which the covered entity discloses protected health information to the other entity, in exchange for direct or indirect remuneration, for the other entity or its affiliate to make a communication about its own product or service that encourages recipients of the communication to purchase or use that product or service; and
(C) notwithstanding Paragraphs (A)(ii) and (iii), a product-specific written communication to a consumer that encourages a change in products. See Texas Health and Safety Code 181.001 - Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A person who receives a request under Subsection (b)(2) to remove a person’s name from a mailing list shall remove the person’s name not later than the 45th day after the date the person receives the request.
(d) A marketing communication made at the oral request of the individual under Subsection (a)(4) may be made only if clear and unambiguous oral permission for the use or disclosure of the protected health information is obtained. The marketing communication must be limited to the scope of the oral permission and any further marketing communication must comply with the requirements of this section.