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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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I recently moved myself and my clientele to a new office.

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I recently moved myself and my clientele to a new office. Prior to that I worked in an office where another nurse an myself each had separate businesses - no partnership - with the name refreshed as a fictitious business. Refresh severed as a vehicle to receive calls schedule clients pay rent that we each divided the costs evenly. Refresh had a newsletter that clients could sign up for to receive specials, ect. My clients and her clients received it. Since moving we both are sending out separate newsletters to all these clients, some are shared clients. She is asking me to remove all clients from my list that I have not seen for a treatment. That this is a hippa violation. Is it? And if so shouldn't she remove my client list from hers?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Are you releasing any confidential patient information in the communications? You are essentially sharing mailing lists, correct?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.
No I am not releasing any confidential info just specials and informative information . But I am using their email address as she is using my clients email to send newsletter.
I see. Thank you for clarifying that for me.

HIPAA generally prohibits the unauthorized disclosure of confidential medical information of patients, it does not prohibit the sharing of mailing lists between providers.

However, it would be best for the patients to provide their consent for the providers to share such information because they could potentially allege an invasion of privacy claim. If you are using only names and addresses of the other provider's patients though, that would not typically be prohibited as the use/sale of mailing lists is common. However, it would be best to include in the patient authorization that this conduct is permitted expressly by the patients.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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