HIPAA Core Policy: Use & Disclosure of Health Information for Fundraising

HIPAA Core Policy: Use & Disclosure of Health Information for Fundraising

Abstract:
This policy establishes guidelines for the use and disclosure of health information for purposes of fundraising by UAB/UABHS Covered Entities in compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) and Alabama state law.
Effective Date:
9/23/2013
Responsible Party:
Contacts:
None Assigned
Administrative Category:
Applies To:
Faculty, Staff, Students
Keyword(s):
None Assigned
Material Original Source:

1. PURPOSE: To establish guidelines for the use and disclosure of health information for purposes of fundraising by UAB/UABHS (“UAB”) Covered Entities in compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) and Alabama state law.
 
2. PHILOSOPHY: UAB values and promotes business practices respecting the confidentiality of health information.
 
3. APPLICABILITY: This standard applies to all UAB Covered Entities (School of Dentistry, School of Health  Professions, School of Medicine, School of Nursing, School of Optometry, Joint Health Sciences Departments, School of Education Community Clinic, and other UAB entities that may be added from time-to-time) and to the following UABHS Covered Entities: University Hospital, The Kirklin Clinic, The Kirklin Clinic at Acton Road, Callahan Eye Hospital, UAB Health Centers, Medical West Hospital, VIVA Health, Inc., University of Alabama Health Services Foundation, Ophthalmology Services Foundation, Valley Foundation, and other UABHS managed entities that may be added from time-to-time). For purposes of this standard, UAB and UABHS Covered Entities shall be collectively referred to as “UAB.”
 
4. DEFINITIONS: UAB adopts the definitions set forth in the HIPAA regulations at 45 CFR Parts 160, 162, and 164.  

4.1. Disclosure: The release, transfer, provision of, access to, or divulging in any other manner of information outside the UAB Covered Entity holding the information.

4.2. Protected Health Information (PHI): Health information, including demographic information collected from an individual and created or received by a health provider, health plan, employer or health care clearinghouse that relates to the past, present, or future physical or mental health or condition of any individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual, and that identifies an individual or there is a reasonable basis to believe the information can be used to identify the individual and that is transmitted or maintained by electronic media or any other form or medium. PHI does not include individually identifiable health information in education records covered and excepted by the Family Educational Right and Privacy Act and employment records held by a covered entity in its role as an employer.

4.3. Use: The sharing, employment, application, utilization, examination, or analysis of PHI within the UAB Covered Entity that maintains the PHI.
 
5. POLICY STATEMENTS: 

5.1. Use and Disclosure of PHI for Fundraising

5.1.1. For fundraising, UAB may use and disclose only the following PHI data elements: 

5.1.1.1. Demographic information, including name, address, other contact information, age, gender, and date of birth

5.1.1.2. Dates of health care provided to an individual

5.1.1.3. Department of service information

5.1.1.4. Treating physician 

5.1.1.5. Outcome information

5.1.1.6. Health insurance status
5.1.2. Use of any other PHI data elements requires a signed Authorization from the patient.
 
5.1.3. The PHI used or disclosed for fundraising purposes must be limited to the minimum necessary information needed to complete the fundraising project.
 
5.1.4. UAB Covered Entities may use PHI for fundraising only with respect to the patients they treat
 
5.1.5. All fundraising involving PHI must be coordinated and communicated by the UAB Office of Development, Alumni and External Relations or the individual Director of Development/Major Gift Officer assigned to the UAB Covered Entity.

5.2. Patient Right to Opt Out

5.2.1. Patients have the right to request not to receive fundraising requests or material.

5.2.2. All UAB fundraising materials sent to patients must include a description of how the individual may opt out of receiving any further fundraising communications.

5.2.2.1. UAB will allow individuals to opt out by furnishing an address, email address, or phone number they can use to opt out of fundraising.

5.2.2.2. The UAB Office Development, Alumni and External Relations will maintain a list of individuals opting out of receiving fundraising communications and UAB Covered entities must check with this office prior to sending fundraising communications.

5.2.2.3. Patients who have opted out of the opportunity to receive fundraising communications may opt back in by methods designated by the UAB Office of Development, Alumni and External Relations.

5.2.3. UAB will not condition treatment or payment of a patient on whether or not they choose to receive fundraising communications.

5.3. Each UAB Covered Entity shall develop processes and policies to implement the standards of this standard.

6. REFERENCES: None

7. SCOPE: This policy applies to all UAB Covered Entities and to UABHS Covered Entities identified in Section 3. 

8. ATTACHMENT: Note: All HIPAA forms may be found at the UAB/UABHS HIPAA website at www.HIPAA.uab.edu.

 
To view other HIPAA Core Policies and for more information, please visit http://www.hipaa.uab.edu/standards.htm.