HITECH Act 13406a: Section 13406(a): marketing communications paid for by a third party are not health care operations without an authorization

What does 13406a require?

A communication about a product or service that encourages its purchase or use is not a health care operation unless it falls within the treatment, health care operations or case management exceptions in the definition of marketing, and even those communications are not health care operations where the covered entity receives direct or indirect payment for making them, except for reasonably priced communications about a drug or biologic currently prescribed to the recipient, communications made by the covered entity under a valid authorization, or communications a business associate makes on the covered entity's behalf consistent with its contract; payment for treatment is not remuneration for this purpose.