Today, the Office for Civil Rights at the U.S. Department of Health and Human Services issued a frequently asked question (FAQ) document that clarifies how the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule permits health plans to share protected health information (PHI) in a manner that furthers the HHS Secretary's goal of promoting coordinated care.

The FAQ explains when and how one health plan can share PHI about individuals in common with a second health plan for care coordination purposes under the Privacy Rule. The FAQ also clarifies that, in certain circumstances, the Privacy Rule permits a health plan to use PHI to inform individuals about a replacement for health insurance, even if the plan received the PHI for a different purpose, and without the communication to the individual being deemed marketing. For example, a health plan could use PHI to inform customers reaching the age of Medicare eligibility of the availability of Medicare Advantage plans for continuity of care purposes without seeking a separate authorization for the communication.

The new FAQ may be found at https://www.hhs.gov/hipaa/for-professionals/faq/3014/uses-and-disclosures-for-care-coordination-and-continuity-of-care/index.html.