Marketing & Fundraising

Marketing

Individuals/Departments that engage in marketing activities must consult with the Marketing Department, 909-558-3442 or extension 33442 to ensure that applicable requirements of the Privacy Rule are met. Some requirements that apply to marketing include having an opt-out statement and tracking.

The regulation defines marketing as a communication about a product or service that encourages recipients of the communication to purchase or use the product or service.

The regulation excludes the following from the definition of marketing:

• Communication about a product or service that encourages recipients of the communication to purchase or use the product or service:
  • for treatment of the individual
  • for case management or care coordination for the individual, or to direct or recommend alternative treatments, therapies, health care providers or settings of care to the individual.

There are only two instances in which you do not have to obtain written authorization. These instances are when the communication is:

• Made in a face-to-face encounter
• Involving a promotional gift of nominal value

When obtaining authorization, health care providers must ensure that use and disclosure of PHI does not extend beyond the scope and limits of the authorization. Specifically, the regulation states that when a covered entity obtains or receives a valid authorization for its use or disclosure of PHI, the covered entity must use or disclose the PHI consistent with the authorization.

Use and Disclosure for Fundraising

Only designated departments can use or disclose PHI for fundraising purposes if a special statement is included in the fundraising notice. The Rule states that we must include in any fundraising materials we send to an individual a description of how the individual may opt out of receiving any further fundraising communications.

If we include the appropriate statement in our fundraising materials, we can use or disclose to a business associate or to an institutionally related foundation, the following PHI for the purpose of raising funds for its own benefit, without patient authorization:

• Demographic information relating to an individual
• Dates of health care provided to an individual

We must make reasonable efforts to ensure that individuals who decide to opt out of receiving future fundraising communications are not sent such communications.

For any fundraising activity, contact the Office of Philanthropy, 909-558-5010 or ext. 55010 for specific direction and guidance on how to comply with the Privacy Rule.

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