by
Astrid Fiano, DOTmed News Writer | July 09, 2010
Fundraising
--The rule permits a covered entity to use or disclose to a business associate or an institutionally-related foundation certain information (demographic data and dates of health care provided) without authorization. Any covered entity planning to use or disclose protected health information for fundraising needs to offer individuals, in its fundraising materials, a description of how the individual may opt out of future fundraising communications.
HHS proposes to strengthen the opt-out by requiring that a covered entity provide with each fundraising communication under these provisions, a clear and conspicuous opportunity for the individual to elect not to receive further fundraising communications. HHS wants a requirement that the method for an individual to elect not to receive further fundraising communications may not cause the individual to incur an undue burden. In addition, a covered entity may not condition treatment or payment on an individual's choice with respect to receiving fundraising communications.
Access to One's Own Information
--HHS proposes a requirement that if the protected health information requested is maintained electronically, the covered entity must provide access to the electronic information in the electronic form and format requested by an individual.
Enforcement
--The proposed rule includes an amendment providing that HHS will investigate any complaint filed when a preliminary review of the facts indicates a possible violation due to willful neglect.
Finally, HHS proposes to modify the definition of "protected health information" to provide that the privacy and security rules do not protect the individually identifiable health information of persons who have been deceased for more than 50 years.
The public is invited to comment on the provisions of the proposed rule for 60 days following publication in the Federal Register at Regulations.gov, using the identifying code RIN 0991-AB57. Comments can also be submitted by mail, one original and two copies, to U.S. Department of Health and Human Services, Office for Civil Rights, Attention: HITECH Privacy and Security Rule Modifications, Hubert H. Humphrey Building, Room 509F, 200 Independence
Avenue, S.W., Washington, D.C. 20201.
Read the full proposed rules here: http://www.ofr.gov/OFRUpload/OFRData/2010-16718_PI.pdf
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