FCC Urged to Clarify TCPA Related to Health Care Calls

8/31/2018 FCC Urged To Clarify TCPA Related to Health Care Calls

August 31, 2018 Login

43 NEW ARTICLES

Privacy settings We use cookies on this site to enhance your https://www.natlawreview.com/article/sick-waiting-health-care-companies-urge-fcc-to-rule-their-july-2016-petition-seeking 1/5 8/31/2018 FCC Urged To Clarify TCPA Related to Health Care Calls We use cookies on this site to enhance your Wiitthdraw consentt Sick ofu Wseari etixnpge:r Hieenacleth Care Companies Urge FCC to Rule on Their July 2016 PetitionYo Su ehaevke ignivgen C yolaur cioncsaentti ofonr uos nto tsehte co TokCiePsA. Related to Health Care Calls

Nicole Su

Womble Bond Dickinson (US) LLP

Like 1 Tweet

Tuesday, August 28, 2018

Last Friday, a group of Health Care Companies issued a letter to the FCC requesting it to respond to their petition led back in July 2016, which asked the FCC to clarify that the use of a health plan member’s telephone number under the TCPA is the same as that of the regulations governing use of those numbers under the Health Insurance Portability and Accountability Act (“HIPAA”).

Setting the stage here — after the FCC issued its 2015 Omnibus Ruling, on July 28, 2016, petitioners Anthem, Inc., Blue Cross Blue Shield Association, Wellcare Health Plans, Inc. and American Association of Healthcare Administrative Management led a Joint Petition with the FCC requesting clarication on two issues: (1) that the provision of a phone number to a “covered entity” or “business associate” (as those terms are dened under HIPAA) constitutes prior express consent for non-telemarketing calls allowed under HIPAA for the purposes of treatment, payment, or health care operations; and (2) that the term “healthcare provider” in paragraphs 141 and 147 of the 2015 Omnibus TCPA Order encompasses “HIPAA covered entities and business associates.”

To date, the FCC has not issued any ruling on the Joint Petition. In their letter on Friday, the Health Care Companies argued the importance of unifying the TCPA with HIPAA to provide citizens with the care they need. They further highlighted that it’s been two years since the Joint Petition has been led and ve months since the D.C. Circuit’s decision in ACA International. Given this, the Health Care Companies encourage the FCC to grant their petition in order to facilitate the goal of providing timely and eective medical care – especially to the most needy population.

It remains to be seen whether a decision on the July 28, 2016 Petition is forthcoming in the near future. We hope to still be alive and kicking when the FCC makes it decision.

Privacy settings We use cookies on this site to enhance your https://www.natlawreview.com/article/sick-waiting-health-care-companies-urge-fcc-to-rule-their-july-2016-petition-seeking 2/5 8/31/2018 FCC Urged To Clarify TCPA Related to Health Care Calls We use cookies on this site to enhance your Wiitthdraw consentt user experience You have given your consent for us to set cookies.

PRINTER-FRIENDLY EMAIL THIS ARTICLE

DOWNLOAD PDF REPRINTS & PERMISSIONS

NIST and NCCoE Offer Guidance on Mobile Device Security in Health Care

California Lawmakers to Consider Technical Amendments to the California Consumer Privacy Act

Google’s Investment in Medicare Advantage Solidies its Staying Power

TRENDING LEGAL ANALYSIS p y p Third Countries By Katten Muchin Rosenman LLP

New York Sexual Harassment Legislation: G is Privacy settings for Golden Standard By Barnes &W Theorunbsuergc LoLPokies on this site to enhance your https://www.natlawreview.com/article/sick-waiting-health-care-companies-urge-fcc-to-rule-their-july-2016-petition-seeking 3/5 8/31/2018 FCC Urged To Clarify TCPA Related to Health Care Calls We use cookies on this site to enhance your Wiitthdraw consentt Californiaus Self-Gener expeerrieationnce Incentive Program on VergeY ofou Fivhave gYivearen yExtensionour consent for us to set cookies. By Foley & Lardner LLP

Be Prepared: DHS Site Visits on the Rise By Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Addressing a Gap: OFCCP Will Require Verication of Written AAP Compliance

Privacy settings We use cookies on this site to enhance your https://www.natlawreview.com/article/sick-waiting-health-care-companies-urge-fcc-to-rule-their-july-2016-petition-seeking 4/5 8/31/2018 FCC Urged To Clarify TCPA Related to Health Care Calls We use cookies on this site to enhance your Wiitthdraw consentt user experience You have given your consent for us to set cookies.

ANTITRUST LAW HEALTH CARE LAW BANKRUPTCY & RESTRUCTURING IMMIGRATION BIOTECH, FOOD, & DRUG INTELLECTUAL PROPERTY LAW BUSINESS OF LAW INSURANCE ELECTION & LEGISLATIVE LABOR & EMPLOYMENT CONSTRUCTION & REAL ESTATE LITIGATION ENVIRONMENTAL & ENERGY CYBERSECURITY MEDIA & FCC FAMILY, ESTATES & TRUSTS PUBLIC SERVICES, INFRASTRUCTURE, TRANSPORTATION FINANCIAL, SECURITIES & BANKING TAX GLOBAL WHITE COLLAR CRIME & CONSUMER RIGHTS

LAW STUDENT WRITING COMPETITION SIGN UP FOR NLR BULLETINS TERMS OF USE PRIVACY POLICY FAQS

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no- log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or condential relationship is formed by the transmission of information between you and the National Law Review website or any of the law rms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law rm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certied by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558 Telephone (708) 357-3317 If you would ike to contact us via email please click here.

Privacy settings We use cookies on this site to enhance your https://www.natlawreview.com/article/sick-waiting-health-care-companies-urge-fcc-to-rule-their-july-2016-petition-seeking 5/5