HIPAA Compliant Fundraising Under New Rules

Duration: 60 Minutes
Instructor: Joel Simon
Webinar Id: 800211


One Attendee


Earlier this year, HHS published amendments to the regulations promulgated under 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 practices that hospitals can or must employ when using regulated information for fund raising. The webinar will cover the fund raising changes in detail with emphasis on new compliance mandates as well as new opportunities for health related entities to fund raise for specific projects, departments, or programs within those organizations.

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 the regulations has changed in multiple areas.

The webinar will cover all of these areas to ensure your organization is compliant.

  • The new and revised required method for individuals to opt-out of receiving fund raising communication.
  • The new method of communicating a person’s right to opt-out from future 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 Protected Health Information that a hospital may use for fund raising.
  • The contents of the hospital’s Notice of Privacy Practices.
  • Express determinations of the interpretation and enforcement of existing language related to use and disclosure of protected health information in fundraising.
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:
  • CIO
  • CDO
  • General Counsel
  • Physician Leaders (CMO, Department Chiefs, Division Heads)
  • Clinical Leaders (CNO)
  • Administrative Department Heads

Educational Objectives(S)
Upon completion of this activity, participants will be able to:
  • Discuss the updated methods and practices that hospitals can or must employ when using regulated information for fundraising.

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 Credit™. 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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