[ Sunday, January 20, 2013 ]


Nugget 7: Fundraising: The big change here is that a covered entity may now use information about the patient's department of service, treating physician, and outcome in connection with marketing (in addition to general demographic information.  Previously, a hospital could not target patients of its cancer center in connection with a fundraiser for the cancer center, and could not target patients of a particular physician for fundraising to build a wing named after that physician.  Now, that is allowed.  Also, a hospital can use outcomes data to decide not to send a fundraising request to a patient who had a bad outcome at the hospital.  These are on top of the other proposals in the interim rule, such as requiring each fundraising communication to have a "clear and conspicuous" opt-out statement and a method to opt out that isn't burdensome on the patient.  Also, a covered entity can't condition treatment or payment on an individual's decision to receive fundraising materials. 

Jeff [11:49 PM]

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