Would the proposed modifications change the current restrictions on use and disclosure for fundraising purposes?
Yes, to some extent. Consistent with the requirements of the HITECH Act, the proposed modifications would “strengthen the opt out by requiring that a covered entity provide, with each fundraising communication sent to an individual under these provisions, a clear and conspicuous opportunity for the individual to elect not to receive further fundraising communications” and by requiring that “the method for an individual to elect not to receive further fundraising communications may not cause the individual to incur an undue burden or more than nominal cost.” HHS explicitly states (as it does elsewhere in the NPRM) that requiring an individual to write and send a letter would constitute an undue burden. HHS encourages a toll-free number, an e-mail address, or similar opt out mechanisms. HHS seeks comments as to whether the Rule should allow a similarly simple method for an individual to opt back in. Because such an opt out constitutes a revocation of authorization under the HITECH Act, t
Related Questions
- How is a contribution received by a political committee using a commercial fundraising firm to be reported on the committee’s campaign disclosure report?
- Can an individual restrict disclosure of certain PHI to a health plan under the proposed modifications?
- Would the proposed disclosure serve as a deterrent for improper accounting practices?
