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HIPAA Compliance:
Your institution's Notice of Privacy Practices is a statement that outlines how medical record information will be used and the limitations upon its use. A covered entity may not use or disclose PHI in a way that is not mentioned in the Notice. Relative to philanthropy, the Notice of Privacy Practices must contain a sentence about contacting individuals to raise funds. The regulations impose many specific requirements, and care must be taken in drafting the Notice. The Notice of Privacy Practices must be made available to patients. Your institution must post the Notice of Privacy Practices on its Web site and make it available electronically, and post it in prominent places inside the institution. You can also include it in newsletters or other communication vehicles.

The Opt-out Requirement: An opt-out clause relating to fund-raising must be included in all solicitations to satisfy the regulations, and must be included in all solicitations. For the purposes of telephone solicitation the Opt-out requirement is met if a prospective donor asks to be placed on a do-not-solicit list, and is recorded and reported to your organization (the list owner) as such.

E-mail solicitations must include a written opt-out statement such as the following which is recommended by AP: "Please write to us at our address if you wish to have your name removed from the list to receive fund-raising requests supporting (name of entity) in the future."

Your organization (the list owner) MUST also institute a system that will track opt-outs and follow up to ensure that any individual that has opted out is in fact removed from fund-raising lists.


1600 N. Carpenter Road, Building D
Modesto, CA 95351

Phone: 209-491-2020
Toll Free: 800-448-1200
Fax: 209-491-2091

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