HF 2088 (LSB 5516YH (4) 87)

HOUSE FILE 2088

BY  JONES and GUSTAFSON

A BILL FOR

An Act prohibiting the use of a patient’s protected health information by a hospital for fundraising communications.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135B.7, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  a.  Notwithstanding any provision of law to the contrary, including the federal Health Insurance Portability and Accountability Act, permitting such use, the department shall adopt rules prohibiting a hospital from using a patient’s protected health information for the purposes of fundraising communications, unless a patient actively elects to permit such use. The rules shall require a hospital to include in the hospital’s notice of privacy practices, information regarding the prohibition and the opportunity for a patient to elect to permit the use of the patient’s protected health information for the purposes of fundraising communications.
   b.  For the purposes of this subsection:
   (1)  “Fundraising communications” means fundraising communications as described in 45 C.F.R. §164.514(f). 
   (2)  “Health Insurance Portability and Accountability Act” or “HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, including amendments thereto and regulations promulgated thereunder.
   (3)  “Patient” means a person who has received or is receiving health services from a hospital. 
   (4)  “Protected health information” means protected health information as defined in 45 C.F.R. §160.103.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires, notwithstanding any provision of law to the contrary, including the federal Health Insurance Portability and Accountability Act (HIPAA), permitting such use, that the department of inspections and appeals adopt rules prohibiting a hospital from using a patient’s protected health information for the purposes of fundraising communications, unless a patient actively elects to permit such use. The rules shall require a hospital to include in the hospital’s notice of privacy practices, information regarding the prohibition and the opportunity for a patient to elect to permit the use of the patient’s protected health information for the purposes of fundraising communications. The bill provides definitions of terms including “fundraising communications” and “protected health information” relative to HIPAA.