The Heath Insurance Portability and Accountability Act (HIPAA) that went into effect on April 14 protects the privacy of individuals’ health care information, yet also impacts the fundraising activity in support of BWH.
As it pertains to fundraising efforts, HIPAA is aimed at regulating what patient information may or may not be used for fundraising purposes pending specific authorization given by a patient. It is important to note that the regulations surrounding the use of information applies to the activity of fundraising and not solely to the Development Office. Therefore, physicians, administrators, trustees and volunteers conducting fundraising activities are affected by changes resulting from HIPAA.
Because development is considered part of “hospital operations,” basic demographic data such as name, address, telephone number and dates of treatment may be used for fundraising purposes.
Signed Authorization
In order to use Protected Health Information (PHI)--including diagnosis, name of provider (restrictions do not apply to internists), nature of service, treatment information, insurance status, e-mail address and are of hospital in which treatment was provided--for fundraising purposes, BWH must have a signed authorization from the donor or prospective donor. The signed form permits fundraisers to use knowledge of an individual’s relationship with a health care provider in fundraising conversations.
The Development Office has developed a “Use of Information Authorization” form. Specialist physicians are urged to collaborate with a member of the Development Office staff and use this form to secure authorization from patients. Forms are available from the Development Office. Once a signed authorization has been received, it must be returned to Development, and the patient’s record will be coded appropriately in BICS.
For more information or to obtain a copy of the “Use of Information Authorization” form, contact Christopher Mosher, director, Development Operations at ext. 2-5285.
HIPAA also requires that all development materials sent to individuals contain “opt out” language which tells recipients how to request not to receive any future fundraising communications. The following is the approved “opt out” language adopted by the Development Office:
Please write to us at Brigham and Women’s Hospital, Development Office, 116 Huntington Avenue, 5th floor, Boston, MA 02116 if you wish to have your name removed from our distribution list for future fundraising materials designed to support Brigham and Women’s Hospital.