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The HHS Office for Civil Rights’ third fact sheet clarifies when a health plan can share protected health information with another plan to improve care coordination, stressing that data sharing is allowed as long as the second health plan does not receive any remuneration for doing so.
“Certain communications to individuals about products or services are specifically excluded from the definition of ‘marketing,’” except for those that concern “replacements to, or enhancements of, existing health plans, so long as the covered entity is not receiving financial remuneration for the communications,” OCR officials wrote.
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