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The final rule, which took effect in April 14, 2003, allows doctors free communication with their patients concerning health information, such as that found in newsletters, in addition to treatment options and disease management. According to the U.S. Department of Health and Human Services, the rule also clarifies that communications with patients about treatment options or the doctor's own health-related products and services* are not considered marketing and therefore do not require a signed authorization from each patient.

There are some situations that will require a signed authorization form from a patient. For example:

   * including photos of patients in your newsletter
   * including testimonials from patients in your materials
   * marketing non-health-care products or services that you provide
   * selling your patients PHI (protected health information) to someone else

For those customers who use our mailing service, Newsletters Ink PLUS can be designated as a Business Associate. Your staff can e-mail, fax, or send your agreement to us, and we will sign and return it to you for your files. As a service to our customers, if you do not have an agreement, we will provide you with one.

According to HIPAA standards, you can continue to send your newsletter to your patients to keep them well informed about current health issues. In addition, we are adding new marketing products every day that will assist you in promoting your practice and helping it to grow.

*The American Optometric Association goes further to explain that because eye exams, refractions and treatment, and eyewear are considered health care, no authorization is required for doctors to include information about those products in their newsletters.