Question

The Kids' Foundation, a foundation related to Children's Hospital, is mailing fundraising information to the families of all patients who have been treated at Children's in the past three years. Based on the facts given:

a. Children's Hospital violated the Privacy Rule by giving information to the foundation.
b. Children's Hospital must have notified the patients or patients' guardians of this disclosure in the Notice of Privacy Practices.
c. The Kids' Foundation cannot solicit donations from patients' families under any circumstances.
d. The Kids' Foundation must request authorization from each patient or patient guardian to mail fundraising information out to their families.

Answer 1

The Kids' Foundation mailing fundraising information to patients' families does not necessarily violate the Privacy Rule. The foundation must have obtained authorization from each patient or patient guardian to do so.

Step-by-step explanation:

The Kids' Foundation mailing fundraising information to the families of patients who have been treated at Children's Hospital in the past three years does not necessarily violate the Privacy Rule. Under the Health Insurance Portability and Accountability Act (HIPAA), healthcare providers are allowed to disclose patient information for fundraising purposes, as long as certain conditions are met. In this case, Children's Hospital would have had to notify the patients or patients' guardians of this disclosure in the Notice of Privacy Practices.

The Kids' Foundation can solicit donations from patients' families, but they must have obtained authorization to do so. HIPAA requires the foundation to request authorization from each patient or patient guardian to mail fundraising information to their families. The foundation must clearly state the purpose of the disclosure and give patients or guardians the opportunity to opt out.