Marketing Policy Term Definition

1. To make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service,  Marketing does not include communication  made:
   1. To provide refill reminders or otherwise communicate about a drug or biologic that is currently being prescribed to the individual, only if financial remuneration received by UTMB in exchange for making the communication is reasonably related to UTMB’s cost of making the communication.
   2. For the following treatment and healthcare operations purposes, except where UTMB receives financial remuneration in exchange for making the communication:
      1. To describe a health-related product or service (or payment for such product or service) that is provided by, or included in a plan of benefits of UTMB, including communications about: the entities participating in the UTMB health care provider network or health plan network; replacement of, or enhancements to, a health plan; and health-related products or services available only to a health plan enrollee that add value to, but are not part of, a plan of benefits. 
      2. For treatment of the individual;

For case management or care coordination for the individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care including a communication by UTMB that encourages a change to a prescription drug included in UTMB’s drug formulary or preferred drug list.

2. An arrangement between UTMB and any other entity whereby UTMB discloses PHI to the other entity, in exchange for direct or indirect remuneration, for the other entity or its affiliate to make a communication about its own product or service that encourages recipients of the communication to purchase or use that product or service.
3. Notwithstanding 1 (B and C), a product specific written communication to a consumer that encourages a change in a prescription drug or a prescription medical device.