Responses to Patient Marketing

Responses to Patient Marketing

brockl

3/14/2003

Thank you to all that responded to my original posting.

I am sorry it took me so long to post the replies.

Shortly after my posting I received phone calls from two different manufacturers.

One, who assured me that their company has now stopped this practice and another from a manufacturer making sure that no one from their marketing, department, had been contacting my patients.

It sure is disappointing to me that it takes legislation like the new HIPPA regulations to end unethical conduct within the profession, which should never be taking place to begin with.

 

Brock Loewen C.P.©

President, Loewen Prosthetic Services Ltd.

Windsor, Ontario Canada

519-253-9797

>Subject: [OANDP-L] Marketing to Patients
>Date: Fri, 28 Feb 2003 14:25:58 -0800
>
>Dear Colleagues
>
>I would like some feed back regarding the method certain prosthetic
>componentry manufacturers are using to market directly to patients.
>I am sure you will all know who I am referring to as I explain further.
>If orthotists are experiencing the same type of thing please comment as
>well.
>It has always been my understanding that when I fit a patient with certain
>prosthetic componentry it is required of me as a practitioner to fill out
>and submit to the manufacturer a warranty registration card containing
>specific patient information (including the patient's address) in order to
>fulfill product warranty requirements and for product recall purposes.
>I did not, however, think that this information was going to be added the
>data bases of the marketing departments of these companies in order for
>them to direct market products to my patients.
>I have received several calls from patients who are angry that they are
>receiving product advertising cards in the mail from these companies.
>It does not state on the warranty card that the patient information
>provided will be used for any other purpose than to fulfill
>warranty requirements.
>Is it legal for these companies to direct market to patients by way of the
>warranty information we as Practitioners provide?
>I can't help but feel that there is a practitioner - patient
>confidentiality issue here.
>Your opinions etc will be greatly appreciated.
>I will post responses.
>Please e-mail me @ <Email Address Redacted>
>Thank you.
>Sincerely,
>
>Brock Loewen C.P (c)
>President, Loewen Prosthetic Services Ltd.
>Windsor, Ontario Canada
>519-253-9797
>

I did call the manufacturer in question and told them my story as well as
yours. I was informed that they do keep a list of patients and that they do
send them a newsletter but to the best of this persons knowledge they did
not send any specific product post cards etc. I was told that they would
bring the topic up at their next marketing meeting. It might help if others
made some noise as well.

Here in the U.S. we have this animal called HIPPA which strictly limits the
usage of patients personal health information and this kind of activity on
the part of manufacturers is, in my opinion, crossing the line or at least
walking very close to it. Nevertheless I have received a couple of phone
calls as well and don't appreciate the position it puts me in with my
patients as it relates to the trust factor. I may decide to send all of my
patients a letter letting them know that we do not sell their names etc.
etc.

 

We have laws against giving patient details to companies selling components. Some people do that anyway. We use a coding system based on our work order sheet number. This identity goes to the component manufacturer, we keep the translation with us. One of the reasons is exactly the one you have encountered - possible direct sales.

If a company refuses to sell items without knowing the real identity of the patient, we won´t force them. We would just buy another product. I have yet to see a manufacturer that does not comply with this.

 

I am not conversant on the regulatory requirements on traceability and
recall actions in Canada; however...

As a prosthetic component manufacturer, I am fairly confident that there
are no US laws that REQUIRE the prosthetist to inform the manufacturer
of the address of the patient. In the event of a recall, we would
notify you as the prosthetist, and expect that you would have the files
readily available to contact the patient. This is why patient name is
helpful for us, so we can tell you who got the product. Warranty
information, as well, is based upon the date when the product was placed
on the patient - without it, the company can only assume that the
invoice date of the product was when the warranty period begins.

At Freedom Innovations, we do not require you to send us your patient's
address, nor would we contact amputees without your consent.

I would encourage you to contact the component manufacturer that is
conducting the practice you list, express your discontent, and ask them
to stop, and remove all your patient information from their list. I
would imagine they would do so. If not, a simple letter from your
attorney should do the job.

 

I have always placed our office address for patient address on that
manufacturers warranty card. That way I had control over any recalls; placed
the newsletters in the patient's file when they sent out mailers until the
patient came in for their next appt. Never did trust them to maintain
confidentiality. HIPAA compliance for us will now be a huge issue if that
info is passed along. Hope that helps for future options.

 

I agree with you completely. I came back to my office after a week's vacation and found 10+ postcards on a new foot and that very day had a patient bring one of these same cards in and asked how they knew to send it to her. Isn't some kind of disclosure made to the providing practitioner if patient information is to be used outside of the company/practitioner communication?

 

I agree, drives me crazy too. I always put our facility address down under the pt address. I now get many, many copies of their mass mailings at the office with each pt's name.

 

I couldn't agree more! I have experienced the same thing. I think the
company you are referring to is a very large international company located
on the West Coast of the U.S. Am I close? I have fielded a couple of calls
asking me what I thought I was doing selling their names. I was not pleased
and immediately called the company and was assured that they do not do this.
However since then one of my residents, who is an amputee, indicated that he
had received a post card from this company as well. I think it is time for
some phone calls to be made to all companies letting them know of our
displeasure. I'll call today. Thanks.

 

After April 1st HIPPA regulations will prohibit any of this activity.

In my practice, I only place the patient account number and use our office address. With the new HIPPA rules, I believe that there are some privacy issues involved with the patient confidentiality. Those companies are in violation of HIPPA.

Who is it that's doing this? The only one that I know of that has done any soliciting (by mailings) is Hanger. They are certainly using their resources to promote themselves, I feel, over the best interests of the patients. Leave me a note when you can. I'd be interested in doing something about this.

 

I also am angry about this practice and I have complained LOUDLY to the manufacturers and their reps, but a single voice is small.
Most often, the touted componentry is not appropriate for that particular patient and we are then faced with correcting the perception that we haven't provided the best service to them.
We must as a group make our concerns known to the manufacturers.
In the meantime, I use our facilities address as the address on the warranty cards. We get bunches of this crap back to us in the mail.

 

I am not sure what TV commercials run up north, but in the States several commercials are advertising pharmaceuticals. So, it is no surprise O&P products would also be marketed directly to consumers.

 

I agree with your opinion that this practice violates practitioner-
patient confidentiality. Years ago, I decided to list the patient's first
name, last initial and my office mailing address on all warranty cards in
order to prevent direct solicitation (marketing) to these individuals.
Some of these companies are dumb or bold enough to routinely send
solicitation information to these individuals at my office mailing
address. It's my way of maintaining the individuals right to privacy, and
it lets me know who the unethical companies are.

 

We had this issue come up with knee bracing. The knee brace manufacturer, would then send info direct to patients. We had patients come in with the info and request us to get the supplies(undersleeves, oversleeves, etc) for them at the advertised cost AND bill their insurance. We stopped providing patient names. We reference our patient computer ID# ONLY with height, weight, etc. Never knew prosthetic manufacturers were engaging in same practice. We will review our policy on Monday

 

I would hope that HIPAA will put an end to this as using PHI (protected
health information), which name and address are part, requires permission

 

If the patient is a patient covered by any US federal funding sources, it is
strictly prohibited by CMS & the OIG. The damages for this type of activity
is triple damages to the OIG.
Guys listen you need to take a proactive role in turning these people into
the OIG,Medicare Hotline, it is covered under Fraud & Abuse. If your not
going to report it and follow it up.....don't complain.