§17936 Conditions on Certain Contacts as Part of Health Care Operations

Summary

Says that when a health-care provider or its business partner sends a message that promotes a product or service and asks people to buy or use it, that message normally is not treated as part of regular health-care business activities unless it meets the official marketing rules in 164.501. If the provider or partner is paid to send that kind of marketing, it generally still won’t count as a health-care operation only in limited situations: when the message only talks about a drug or biologic the person is already prescribed and the payment is a reasonable amount; when the provider sends the message after getting a valid written authorization under 164.508; or when a business associate sends it and the message follows a written contract. The rule says the Department will define what “reasonable in amount” means. Payments do not include payment for treating the patient. Written fundraising messages that are health-care operations must give a clear way to opt out, and choosing to opt out counts as revoking authorization under 164.508. This applies to written messages sent on or after the effective date set in section 13423.