On July 10, the Federal Communications Commission released a declaratory ruling and order on the Telephone Consumer Protection Act that exempts healthcare messaging from its oversight.
Here are six things to know about the new ruling.
1. The TCPA is intended to protect consumers from unwanted autodialed or prerecorded telemarketing calls. It was passed by Congress in 1991 and signed into law by President George H. W. Bush.
2. The most recent Omnibus Declaratory Ruling and Order includes clarifications and modifications to many industries, one of which is healthcare and how certain communications may fall under the purview of the law.
3. Under the new law, healthcare institutions are exempt from the TCPA's autodial provisions for certain calls, including calls related to
- fraud, identity theft or data breach alerts
- pending money transfers
- appointment confirmations and reminders
- wellness checkups
- hospital pre-registration and pre-operative instructions
- lab results
- post-discharge follow-ups
- prescription notifications
- home healthcare instructions
4. There are still requirements for calls that fall under those exempt categories, according to Healthcare Dive, including the following:
- The call must be free to the recipient
- Providers must identify their name and provide contact information
- The call must have a healthcare-related purpose
- The call must be related to the reason the patient provided a phone number
- The call cannot last longer than one minute or exceed 160 characters for a text message
- Providers can only call one time per day, three times per week maximum
- There must be an opt-out option
5. Any messages must still be in compliance with HIPAA, but Healthcare Dive indicates there is still ambiguity as to what is defined as a "healthcare" message, which could cause some confusion.
6. Additionally, previously expressed consent for communication can be transferred from one healthcare entity to another, according to Healthcare Dive. So, if a patient gives consent to one provider, other entities can make calls to that patient on the provider's behalf.
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