AHP Analysis
In February 2003, the Association for Healthcare Philanthropy posed five important questions concerning the Privacy Rule and requested that AHP's legal counsel (Peter Parvis, Esq. at the firm of Venable, Washington, D.C.) provide advice to assist us in complying with the privacy regulations as they pertain to our philanthropic efforts and responsibilities. We suggest you use the analysis and conclusions sections which follow with your donors, trustees, CEOs, administrators, and the public as we move into the implementation phase of these regulations.
The Questions Presented and Conclusions (the “short answer”) section is intended to address the most common issues raised concerning the privacy regulations regarding fundraising. The more detailed Discussion (the “long answer”) section is intended to give you an in depth understanding of the issues and implementation of the regulations.
In addition, AHP has asked the Office of Civil Rights if there have been any violations to HIPAA that relate to fundraising and the response has been that there have been none. Review letters.
- Question 1 - Authorization, Notice of Privacy Practices
Is the health care provider required to obtain authorization of former and current patients prior to sending them fundraising materials?
Short Answer | Long Answer
- Question 2 - Opt-out Language
What are examples of clauses that would fulfill the opt-out requirement in the regulations for fundraising communications? If an individual upon receiving a fundraising solicitation decides to opt-out from receiving additional information pertaining to fundraising, could the fundraising entity continue to send that individual information about events if those events will have active or passive fundraising?
Short Answer | Long Answer
- Question 3 - Filtering Data
Can a health care provider filter patient information when determining to which prior patients they will send fundraising communications? for example, can the fundraiser request a list from the health care provider that excludes psychiatric or pediatric patients? What would constitute permitted filters?
Short Answer | Long Answer
- Question 4 - Institutionally Related Foundation, Business Associates
Do the regulations require that a covered entity have a formal "business associate" type contract with an institutionally related foundation?
Short Answer | Long Answer
- Question 5 - Newsletters, Patient Education
What effect will the regulations have on marketing efforts such as the distribution of newsletters, seminars, patient education, and health fairs?
Short Answer | Long Answer