House File 2088 - Introduced HOUSE FILE 2088 BY JONES and GUSTAFSON A BILL FOR An Act prohibiting the use of a patient’s protected health 1 information by a hospital for fundraising communications. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5516YH (4) 87 pf/rh

H.F. 2088 Section 1. Section 135B.7, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. a. Notwithstanding any provision of 3 law to the contrary, including the federal Health Insurance 4 Portability and Accountability Act, permitting such use, the 5 department shall adopt rules prohibiting a hospital from using 6 a patient’s protected health information for the purposes of 7 fundraising communications, unless a patient actively elects to 8 permit such use. The rules shall require a hospital to include 9 in the hospital’s notice of privacy practices, information 10 regarding the prohibition and the opportunity for a patient 11 to elect to permit the use of the patient’s protected health 12 information for the purposes of fundraising communications. 13 b. For the purposes of this subsection: 14 (1) “Fundraising communications” means fundraising 15 communications as described in 45 C.F.R. §164.514(f). 16 (2) “Health Insurance Portability and Accountability Act” 17 or “HIPAA” means the federal Health Insurance Portability and 18 Accountability Act of 1996, Pub. L. No. 104-191, including 19 amendments thereto and regulations promulgated thereunder. 20 (3) “Patient” means a person who has received or is 21 receiving health services from a hospital. 22 (4) “Protected health information” means protected health 23 information as defined in 45 C.F.R. §160.103. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill requires, notwithstanding any provision of 28 law to the contrary, including the federal Health Insurance 29 Portability and Accountability Act (HIPAA), permitting such 30 use, that the department of inspections and appeals adopt rules 31 prohibiting a hospital from using a patient’s protected health 32 information for the purposes of fundraising communications, 33 unless a patient actively elects to permit such use. The rules 34 shall require a hospital to include in the hospital’s notice 35 -1- LSB 5516YH (4) 87 pf/rh 1/ 2

H.F. 2088 of privacy practices, information regarding the prohibition 1 and the opportunity for a patient to elect to permit the use 2 of the patient’s protected health information for the purposes 3 of fundraising communications. The bill provides definitions 4 of terms including “fundraising communications” and “protected 5 health information” relative to HIPAA. 6 -2- LSB 5516YH (4) 87 pf/rh 2/ 2