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

             ***********************************************

To temporarily stop your subscription: set lactnet nomail
To start it again: set lactnet mail (or digest)
To unsubscribe: unsubscribe lactnet
All commands go to [log in to unmask]

The LACTNET mailing list is powered by L-Soft's renowned
LISTSERV(R) list management software together with L-Soft's LSMTP(R)
mailer for lightning fast mail delivery. For more information, go to:
http://www.lsoft.com/LISTSERV-powered.html