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Date: | Fri, 15 Apr 2005 07:19:30 EDT |
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I would like to clear up some misinterpretation about HIPAA and formula gift
bags. First of all, I did not state that they were a violation of HIPAA.
This was my comment on the topic: "HIPAA defines the gift bag as a form of
marketing, therefore the hospital that gives these out is a direct marketer of the
product." HIPAA allows the practice of giving formula bags under an
exception whereby the health provider does not need to secure permission from the
mother to give her the product and inform her that the product is a form of
marketing. If anyone is interested in this provision of HIPAA see the following
website:
_www.hhs.gov/ocr/hipaa/guidelines/marketing.pdf_
(http://www.hhs.gov/ocr/hipaa/guidelines/marketing.pdf)
Hospitals that give these bags have in essence accepted a bribe to do the
work of the company and market the product for them. This is cleverly under the
guise that this formula bag is sanctioned by the hospital and health care
providers who give it to the mother. The mother trusts that what is done to and
for her is for the benefit of her and her baby's health-not to line the
pockets of industry. Before a hospital is bribed into distributing products that
are potentially harmful, the practice should be scrutinized by the hospital's
corporate compliance department and their ethics committee.
When looking at the newest breastfeeding rates from Ross Products, any
amount of breastfeeding has dropped by 4% down to 66% from 70%. Formula
supplementation in the hospital is now 22%. Exclusive breastfeeding rates in hospital
in 1999 was 46.3% while in 2003 it dropped to 44%. These bags work! - and
hospitals lead the way in helping to reduce exclusive breastfeeding rates. Who is
responsible and accountable for the side effects of this practice?
Somewhere along the way we need to draw the line on this. Our job is to
promote, protect, and support breastfeeding, not pimp for formula companies.
Marsha Walker, RN, IBCLC
Weston, MA
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