What is the Campaign for Accountability?
The Campaign for Accountability (CfA) is a nonprofit organization that claims to promote transparency and accountability in public and private institutions. It often conducts investigations and files lawsuits to expose practices or policies it deems unethical or harmful. However, its activities have drawn criticism for being ideologically driven, frequently targeting organizations and individuals with pro-life, conservative, or religious affiliations.
Heartbeat International and pregnancy help organizations have been a significant focus of CfA’s efforts. Over the years, CfA has launched numerous campaigns attempting to discredit pregnancy help centers by disseminating misleading information and filing complaints with regulatory bodies. These actions often distort the work of pregnancy centers, ignoring the compassionate, life-affirming support they provide to women and families at no cost. Despite these targeted attacks, Heartbeat International and the broader network of pregnancy help organizations remain steadfast in their mission to serve women and communities with dignity, truth, and care.
Recently, they have targeted their efforts on pregnancy help organizations in regard to HIPAA.
According to the Department of Health and Human Services, the HIPAA Rules apply to covered entities and business associates.
What is a "covered entity" under HIPAA?
A Health Care Provider
This includes providers such as:
- Doctors
- Clinics
- Psychologists
- Dentists
- Chiropractors
- Nursing Homes
- Pharmacies
...but only if they transmit any information in an electronic form in connection with a transaction for which HHS has adopted a standard.
A Health Plan
This includes:
- Health insurance companies
- HMOs
- Company health plans
- Government programs that pay for health care, such as Medicare, Medicaid, and the military and veterans health care programs
A Health Care Clearinghouse
This includes entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa.
Source: Department of Health & Human Services
To assure further, the Office of the OCR makes clear in a letter to the Campaign for Accountability that Heartbeat and pregnancy centers "do not meet the definition of a covered entity...therefore the requirements of the HIPAA Rules do not apply..."
What is Heartbeat's recommendation regarding HIPAA language?
AVOID
- “You can file a complaint with the U.S. Department of Health and Human Services Office of Civil Rights.”
- “ABC Center is HIPAA Compliant.”
- “Our forms are HIPAA compliant” or “Our website is HIPAA compliant.”
- “We follow all HIPAA laws.”
- “Your information will always be kept private in accordance with HIPAA.”
- “Notice of Privacy Practices.”
CONSIDER
- “Client information is kept securely and confidentially and only released with the client’s signed authorization or as required by law.”
- “We follow all applicable laws when it comes to your private information.”
- “Our Privacy Policy”
This recommendation coincides with the November Legal Tips from our friends at NIFLA:
Additional Heartbeat Resources:
