HIPAA and Fundraising: Strategies to Stay Compliant

Duration: 60 Minutes
Instructor: Joel Simon
Webinar Id: 800252


One Attendee


In January 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 fund raising.

The amendments, which had a compliance date of September 23, 2013, 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 new 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 new and revised required method for individuals to opt-out of receiving fund raising communication
  • The new method 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 Practices
  • How clinicians can assist both their patients/clients and the health organizations with which they are affiliated when it comes to fund raising
Why should you attend: Institutions that fundraise and have access to of HIPAA protected health information need to be aware of new opportunities to hone fund raising strategies to maximize philanthropic revenue for your organization. Similarly, health related institutions that fund raise must make sure their fundraising practices minimize the new compliance risks and satisfy new 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. 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.

Areas Covered in the Session:
  • Types health information that may be used for fund raising
  • How fund raising related data bases must use and manage health related information
  • The new roles of clinicians in fund raising
  • "Magic Words" and mandated protocols newly required when fund raising using patient or client data

Who Will Benefit:
  • CIO
  • CDO
  • General Counsel
  • Physician Leaders
  • clinical Leaders
  • Administrative Department Heads

Educational Objectives(S)
Upon completion of this activity, participants will be able to:
  • Discuss how to effectively implement the fundraising regulations to increase both philanthropic support and to be compliant with new mandates.

CME Credit Statement
This activity has been planned and implemented in accordance with the Essential Areas and Policies of the Accreditation Council for Continuing Medical Education (ACCME) through the joint sponsorship of CFMC and MentorHealth. CFMC is accredited by the ACCME to provide continuing medical education for physicians.

CFMC designates this educational activity for a maximum of 1 AMA PRA Category 1 Creditâ„¢. Physicians should only claim credit commensurate with the extent of their participation in the activity.

Other Healthcare Professionals Credit Statement
This educational activity has been planned and implemented following the administrative and educational design criteria required for certification of health care professions continuing education credits. Registrants attending this activity may submit their certificate along with a copy of the course content to their professional organizations or state licensing agencies for recognition for 1 hour.

Disclosure Statement
It is the policy of CFMC and MentorHealth that the faculty discloses real or apparent conflicts of interest relating to the topics of the educational activity. All members of the faculty and planning team have nothing to disclose nor do they have any vested interests or affiliations

Obtaining Certificate of Credit

Colorado Foundation for Medical Care (CFMC) hosts an online activity evaluation system, certificate and outcomes measurement process. Following the activity, you must link to CFMC's online site (link below) to complete the evaluation form in order to receive your certificate of credit. Once the evaluation form is complete and submitted, you will be automatically sent a copy of your certificate via email. Please note, participants must attend the entire activity to receive all types of credit. Continuing Education evaluation and request for certificates will be accepted up to 60 days post activity date. CFMC will keep a record of attendance on file for 6 years.

Speaker Profile
Joel L. Simon has worked as a professional fundraiser for more than 20 years. Prior to fundraising, Joel worked in the in-house counsel's office of a regional hospital and as a lawyer at a prominent regional law firm.

Joel lectures frequently on the fund raising aspects HIPAA, including at many national conferences. He has been a thought leader on fund raising components of HIPPAA since the law was first proposed in 2000. Joel is a contributing editor to "Fundraising under HIPAA: A Guide to the HIPAA Privacy Rules" published by the Association of Healthcare Philanthropy.

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