Is it marketing for a covered entity to describe the entities participating in a health care provider network or a health plan network?

No. The HIPAA Privacy Rule excludes from the definition of “marketing,” communications by a covered entity to describe the entities participating in a health care provider network or a health plan network. Thus, it would not be marketing for a health plan or insurer to mail its members or enrollees a list of health care providers in the health plan network or for an independent physicians association to send its patients a preferred provider list. Date Created: 12/20/2002