I think that since this is a total opt-in, if your sign-up form had the company clearly identified, and spaces for address, it would no more be PHI than the same form in a supermarket (which I have seen, even filled out a few when my daughter was on the way [15 years ago]). 
 
It gets a little iffy if you support this with a checkoff indicator in your database, and generate the list from the database. 
 
Do any ot the gurus out there know if this crosses the line into Marketing, and if so, is it permitted?  If it is permitted, it would be required in your NPP.
 
The need for a BAC is less iffy.   I thinka BAC would  not be required, since the rep isn't doing anything for YOU, but is acting in its own self-interest (providing a service to the patient in hopes of future sales).
 
 
The opinions expressed here are my own and not necessarily the opinion of LCMH.
 
Douglas M. Webb
Computer System Engineer
Little Company of Mary Hospital & Health Care Centers
[EMAIL PROTECTED]
 
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----- Original Message -----
Sent: Tuesday, March 11, 2003 09:50 AM
Subject: BA contract with Reps

We have pediatric representatives deliver free diaper bags and other free things for our patients.  We keep a mailing list for all patients that desire to get coupons and mail from the company. The patient writes down their name address and pregnancy due date. They understand that they are on a mailing list.  The rep picks them up once a month. Do we need  a BAC? Or do we include this information in our NOPP?
Thank you
Robin Henry, OM
OB/GYN
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