The giving of formula discharge bags is defined by HIPAA as marketing, but
does not require prior authorization of the patient. The formula club sign up
sheets in the physician's office violates the privacy piece of the HIPAA
regulations and may also violate the marketing piece if the physician sells
the list to formula companies. I am reminded of a recent annual visit to the
GYN. As I registered at the reception desk, there was the formula club sign
up sheet. I looked at the top sheet and knew the names and addresses of all
the mothers who had been in the office that day and signed up on this list. I
stood there and leafed through the rest of the pages full of names and
addresses. The receptionist said nothing until I asked what they did with
these lists. She said that they gave them to the nice formula man so their
mothers could receive cute gifts and be part of the formula club. My next
question was if they also gave out information on breastfeeding. I was
promptly told that they did not do that because it might make mothers feel
guilty. We have a lot of work to do!

Marsha Walker, RN, IBCLC
Weston, MA

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