HHS regulation of Humana communications with clients

[Mark Tushnet]

A follow-up on an earlier thread:  The NY Times reports that the Department of Health and Human Services has found that Humana had "violated its 'data use agreement' with the government by using Medicare enrollment records to contact beneficiaries. It also said the Humana letters were 'misleading to beneficiaries' and thus violated Medicare rules."  The report also states, "Under new guidelines, insurance companies can communicate with Medicare beneficiaries on pending legislation, provided they do not use federal money to do so. In addition, insurers must get permission from beneficiaries before sending them information about legislation or asking them to join grass-roots advocacy efforts." Link:  http://www.nytimes.com/2009/10/17/health/policy/17health.html?_r=1&hpw .  (My personal view is that the first sentence's statement that "the White House has backed away" from its prior position is not quite accurate.)

Mark Tushnet
William Nelson Cromwell Professor of Law
Harvard Law School
Areeda 223
Cambridge, MA  02138

ph:  617-496-4451 (office); 202-374-9571 (mobile)

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