Fundraisers Face New HIPAA Opt-out Obligations

Health care fundraisers face important new obligations under the Health Insurance Portability and Accountability Act (HIPAA), including opt-out provisions. A new Omnibus Rule, which went into effect Sept. 23, did not take away the ability of a hospital or health care organization, or its institutionally related foundation or fundraising vendor, to contact patients for fundraising purposes, but it did make important changes in the type of patient information that can be used or disclosed, and it provides for greater patient control--notably new opt-out obligations for fundraisers. Fundraising efforts now must include an opt-out provision, written or oral, with each fundraising communication or material delivered to former patients, including telephone solicitations. In describing how the former patient can discontinue receiving fundraising materials and solicitations, the opt-out statement must be a clear and conspicuous part of the materials sent to the patient; must be written in clear, plain language; and must describe a simple, not unduly burdensome means to opt-out from receiving any further fundraising materials or communications. For details on changes to what patient information can be used for fundraising without prior authorization, the required notice of privacy practices, fundraising opt-out rules, and Business Associate Agreements covering fundraising vendors, go to http://www.ahp.org/advocacy/us/HIPAA/Analysis/Pages/default.aspx.