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SESK: Stuff Everyone Should Know · sesk.info/hipaa-refill-reminder

Is a pharmacy's refill reminder about a drug a patient is currently prescribed considered marketing under HIPAA?

No, refill reminders are excluded from marketing.

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  1. Yes, it needs authorization
  2. No, refill reminders aren't marketing ✔
  3. Only if sent by text message

Why: Refill reminders about a drug currently prescribed aren't marketing, as long as any payment the pharmacy gets for sending them is reasonably related to its cost of sending them.

Huh, didn't know that: Marketing means a communication encouraging someone to buy or use a product or service.

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References

Answer: No, refill reminders aren't marketing. Refill reminders about a drug currently prescribed aren't marketing, as long as any payment the pharmacy gets for sending them is reasonably related to its cost of sending them.

  1. 45 CFR 164.501 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.501
    To provide refill reminders or otherwise communicate about a drug or biologic that is currently being prescribed for the individual
    Checked 2026-10-10.
  2. 45 CFR 164.501 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.501
    marketing means to make a communication about a product or service that encourages recipients of the communication to purchase or use
    Checked 2026-10-10.

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Work SkillsWhat does a covered entity generally need before disclosing a patient's psychotherapy notes?Work SkillsWhich of these is NOT part of a patient's psychotherapy notes under HIPAA?Work SkillsA drug company pays a clinic to mail its patients ads for a new product. What does the clinic need?

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