Thursday, November 21, 2013

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.

Tuesday, November 19, 2013

Marketing Execs Are Upbeat---and Spending

Marketers are heading into the holidays full of cheer over their markets and marketing budgets. Per a quarterly report by Forbes Insights and ad agency Gyro, 88% of senior marketing executives plan to increase or maintain their spending. Specifically, 39% of execs surveyed say they plan to ramp up ad spend, and another 49% are sticking with existing budgets. In other words, only 12% plan to slash marketing funds. As reported by Adweek in late October, the survey found 45% of execs reporting that marketing conditions had improved compared to months ago, and 46% feeling as positive about the future as they are about current conditions. That optimism isn't generating a lot of risk-taking and innovation, however; 55% of the 875 survey participants say they are spending most of their time growing existing markets, and 58% are focused on growing current product lines and services. A smaller portion, 29%, say they intend to enter new markets, and only 16% aim to grow in new markets, according to the survey. Quoted by Adweek, Christoph Becker, Gyro's CEO and chief creative officer, described the news about marketing exec mood this way: "The good news is they feel energized and positive. There has never been a better time for a brand to find the most humanly relevant way to engage with the world than today." Well, AccuList USA certainly has some "humanly relevant" marketing suggestions for energetic marketing execs. For the story, with more infograph statistics, go to http://www.adweek.com/news/advertising-branding/88-marketing-execs-are-either-maintaining-or-increasing-ad-budgets-153342