Bill Text: IA HF2088 | 2017-2018 | 87th General Assembly | Introduced

Iowa House Bill 2088 (Prior Session Legislation)

IA State Legislature page for HF2088

Introduced

Bill Title: A bill for an act prohibiting the use of a patient’s protected health information by a hospital for fundraising communications.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-25 - Subcommittee: Jacobsen, Dolecheck and Mascher. H.J. 154. [HF2088 Detail]

Download: Iowa-2017-HF2088-Introduced.html


House File 2088 - Introduced




                                 HOUSE FILE       
                                 BY  JONES and GUSTAFSON

                                      A BILL FOR

  1 An Act prohibiting the use of a patient's protected health
  2    information by a hospital for fundraising communications.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5516YH (4) 87
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PAG LIN



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