Fundraising Under HIPAA -The Privacy Rule- AHP's Special Analysis

Fundraising Under HIPAA —The Privacy Rule—
AHP's Special Analysis

From Stuart R. Smith, FAHP - Chair
William C. McGinly, Ph.D., CAE - President, Chief Executive Officer
Reviewed and Presented by AHP Legal Counsel - Peter Parvis, Esq., Venable,
Washington, D.C.

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
Response/Conclusion:
See also: Long Answer

An opt-out provision must be included when fundraising material is sent to former patients. An opt-out clause relating to all “further fundraising materials” is necessary to satisfy the regulations.

Sample Opt-out Language

Please write to us at our address if you wish to have your name removed from the list to receive fundraising requests supporting the [Name of Entity] in the future.

The following clause could, but does not need to be included.

In the event that you contact us with this request, all reasonable efforts will be taken to ensure that you will not receive any fundraising communications from us in the future.