San Jose, CA asked in Medical Malpractice and Personal Injury for California

Q: Can I sell medical data if I get permission from individuals? If so, what authorization is required?

I work in Lead Generation. I want to start generating medical leads from individual users (we run surveys and such) and give it to advertisers (insurance companies and law firms and other business entities) for monetary gain. Would this violate any laws or would I need some sort of authorization? If so, what is needed in the authorization?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: This is something that a California attorney must advise on, but your question remains open for a month. One of the leading laws in the area of patient information privacy is the Health Insurance Portability and Accountability Act, more commonly known as "HIPAA." But HIPAA is only one such law in this field. Until you are able consult with an attorney in California to discuss meaningfully, keep in mind that in recent decades, standards have become considerably stricter in the area of patient information. Good luck

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