HIPAA Fundraising: What you Need to Know, What you Need to Do

Tuesday, January 14, 2020 - 10:00am
Organization Name: 
Netzealous LLC - MentorHealth
Event Topic: 


In 2013, The US Department of Health and Human Services made major changes to rules implementing The Health Insurance and Portability Act of 1996 (HIPAA) and Health Information Technology for Economic and Clinical Health Act of 2003 (HITECH).

Among the many areas impacted by these rules (billing, marketing, research, IT security, etc.) is fundraising.

The amendments significantly modify the methods and practice that hospitals, their institutionally related foundations, and other healthcare charities may or must employ when using ANY patient or client information for fund raising.

The webinar will cover how to effectively implement the fund raising regulations in a manner that increases both opportunities for philanthropic support and compliant implementation of the new mandates.

The rules include specific operational requirements, some of which prohibit protocols that were required under the original HIPAA regulations.

The "magic words" mandated by HIPPA-related regulations changed in multiple areas. The webinar will cover all of these areas to ensure your organization is both legally compliant and operationally effective.

The types of information that may be used for fund raising changed significantly. This presents numerous substantial fund raising opportunities, as well as challenges on the use and storage of such information.

Among other areas to be presented are:

  • The required method for individuals to opt-out of receiving fund raising communication
  • The methods of informing patients and clients of their right to opt-out from receiving fund raising communication
  • The broadly expanded types of fund raising communication subject to opt-out rights
  • How providers, hospital, and related fund raising foundation apply an opt-out election by an individual
  • The type of patient and client information that health charities may use for fund raising
  • The contents of provider's Notice of Privacy Practice
  • How clinicians can assist both their patients/clients and the health organizations with which they are affiliated when it comes to fundraising

Why you should Attend:
Institutions that fundraise and have access to of HIPAA protected health information need to be aware of opportunities to hone fund raising strategies to maximize philanthropic revenue for your organization.

If your organization uses telephone or e-mail solicitations, you will learn how new specific provisions of HIPAA now govern your fund raising activity, and effective policies to implement these rules.

Similarly, health related institutions that fund raise must make sure their fundraising practices minimize the compliance risks and satisfy mandates governing the use of patient/client information.

If you are a health care professional who is affiliated with a fund raising institution, you will learn how you can remain both ethically and legally complaint with patient privacy, which assisting both your affiliated institution and your patient/client.

Institutions will learn about compliance requirements for donor data base management. You will also learn effective and efficient strategies to maintain compliance.

You will learn how to keep your fund raising communication and related policies compliant without impairing operational effectiveness.

Areas Covered in the Session:

  • New types PHI that may be used for fund raising
  • New requirements for Notice of Privacy Practices
  • New requirements for protocols to allow patients to opt-out of using their PHI for fund raising

Who Will Benefit:

  • Development Staff
  • Administrative Department Heads

Joel Simon is one of the nation’s leading experts on the fund raising aspects of HIPAA. He has been a member of the Maryland bar for more than 25 years, and his professional experience includes work as the assistant in-house counsel at a community teaching hospital. 

He is an editor of "Fundraising Under HIPAA" published by the Association of Healthcare Philanthropy. He has lectured frequently on fund raising under HIPAA to national audiences since the original HIPAA regulations were first proposed more than 12 years ago.


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