FCC, Healthcare | JD Supra

Akin Intelligence - June 2024

Akin Gump Strauss Hauer & Feld LLP on 7/15/2024

Welcome to the June edition of Akin Intelligence. This month, the General Services Administration (GSA) launched its first AI-focused cohort of Presidential Innovation Fellows (PIF), bringing together experts from across the...more

Decoded - Technology Law Insights, V 5, Issue 5, June 2024

Spilman Thomas & Battle, PLLC on 6/14/2024

We are pleased to announce that several of the firm’s practice groups and attorneys were recognized in the 2024 edition of Chambers USA, a directory of leading law firms and attorneys. Chambers and Partners annually...more

ML Strategies Outlook for 2024

Mintz - ML Strategies on 1/12/2024

Congress — Big Agenda & Little Time - With the holidays behind us, Congress returned this week for the second half of the 118th Congress with a long list of items to address and, as the 2024 campaign season ramps up, limited...more

REMINDER—New Rules Impacting Exempted Calls Now Effective

Manatt, Phelps & Phillips, LLP on 8/25/2023

On July 20, 2023, the new Federal Communications Commission (FCC) rules amending various Telephone Consumer Protection Act (TCPA) exemptions for artificial or prerecorded voice calls to residential telephone lines became...more

Decoded - Technology Law Insights, V 4, Issue 7, August 2023

Spilman Thomas & Battle, PLLC on 8/4/2023

You may be Entitled to Financial Compensation…for Your Data - “Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.” Why this is important: This...more

FCC Provides Some Clarity On Healthcare Messages, Indirectly Confirms No Requirement To Use Free-To-The-End-User Texts

ArentFox Schiff on 1/31/2023

On January 23, 2023 the Federal Communications Commission’s (FCC) Consumer and Governmental Affairs Bureau released a Declaratory Ruling addressing a request for clarification submitted by US Department of Health and Human...more

Lack of Patient-Provider Relationship Dooms Health Care Exemption

Manatt, Phelps & Phillips, LLP on 5/27/2022

Ruling on the health care exemption in the context of phone calls from an eye care provider, the U.S. District Court, Northern District of Illinois recently held that a plaintiff’s Telephone Consumer Protection Act (TCPA)...more

HHS Asks FCC To Clarify TCPA Rules for Health Care Messages

ArentFox Schiff on 5/9/2022

Comments sought regarding the permissibility of messages relating to Medicaid and other health coverage programs. The FCC is seeking comment on a request for clarification submitted by the Department of Health and Human...more

Texas Court Finds COVID Message Meets Emergency Purposes Exception

Manatt, Phelps & Phillips, LLP on 4/22/2022

Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection...more

Texts Regarding COVID Vaccine Eligibility Are Not Actionable Under TCPA, Texas Northern District Holds

Faegre Drinker Biddle & Reath LLP on 3/18/2022

The U.S. District Court for the Northern District of Texas recently held that unsolicited text messages that simply inform recipients of the availability of a free COVID-19 vaccine are protected by the “emergency purposes”...more

“Pretext” Theory Could Turn Calls Regarding Free Health Care Services into Prohibited Solicitations, District of New Jersey Holds

Faegre Drinker Biddle & Reath LLP on 1/26/2022

The District of New Jersey recently endorsed the view that calls regarding the availability of free services may plausibly qualify, at the pleadings stage, as “telephone solicitations,” and as such be subject to the Do Not...more

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - December 2021

Manatt, Phelps & Phillips, LLP on 12/3/2021

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth servic es. Telehealth is an essential tool in ensuring patients are able to access...more

President Biden Signs Executive Order on Promoting Competition

Wilson Sonsini Goodrich & Rosati on 7/13/2021

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy (EO), which states that "excessive market concentration threatens basic economic liberties, democratic...more

Telemedicine and Texting: Telephone Consumer Protection Act

Foley & Lardner LLP on 3/8/2021

Telemedicine and remote patient monitoring companies often want to maintain open communication channels with patients, whether it be scheduling, medication reminders, engagement pings, or even new product and service updates....more

Some Clinical Trial Calls Now Eligible for the FCC’s Revised TCPA Exemption

Faegre Drinker Biddle & Reath LLP on 1/26/2021

The TRACED Act’s December 30, 2020 deadline was not the end of the FCC’s recent series of actions to bring more clarity to certain forms of TCPA exemptions. Most recently, on January 15, 2021, the FCC issued a Declaratory...more

Relief Bill Revamps COVID-19 Telehealth Program

Rivkin Radler LLP on 1/11/2021

The most recent COVID-19 relief bill that was signed into law in December includes $250 million in new funding for the federal COVID-19 Telehealth Program, previously discussed here. The program was originally established in...more

FCC Proposed Rulemaking Presents an Opportunity to Reshape Some Existing TCPA Exemptions

Faegre Drinker Biddle & Reath LLP on 10/7/2020

Over the years, one of the biggest challenges many businesses face when assessing TCPA risks posed by a new calling or texting campaign has been determining whether the proposed use case can defensibly rely on one of the...more

The FCC Clarifies that Certain Communications to COVID-19 Patients Fall with TCPA’s “Emergency Purposes” Safe Harbor

Faegre Drinker Biddle & Reath LLP on 8/3/2020

In a Public Notice issued July 28, 2020, the FCC confirmed that the TCPA’s safe harbor for calls or text messages made for “emergency purposes” applies to calls and text messages made by or on behalf of health care entities...more

FCC Increases Funding For Rural Telehealth Services

Rivkin Radler LLP on 7/20/2020

The Federal Communications Commission (FCC) is adding $198 million in funding to the Rural Health Care Program to help healthcare providers acquire telecommunications and broadband services. The funding is in addition to $200...more

FCC Affirms that Health Plans And Providers Cannot Offer Post-Call Opt-Out In Lieu Of “Prior Express Consent”

Faegre Drinker Biddle & Reath LLP on 7/2/2020

The FCC’s Consumer and Governmental Affairs Bureau last week issued a declaratory ruling resolving a long-pending Petition on the question of whether certain healthcare-related calls, given their significance and value for...more

The FCC Expands Capacity for Wireless Health Monitoring

Brownstein Hyatt Farber Schreck on 5/7/2020

In an order released on April 30, 2020, the Federal Communications Commission (FCC) made more airwaves available for use by wireless devices that monitor patients’ vital signs. The agency long ago set aside spectrum for what...more

Lessons Learned—FCC’s COVID-19 Telehealth Program One Month Later

Pillsbury Winthrop Shaw Pittman LLP on 5/4/2020

Federal Communication Commission has distributed CARES Act funding for remote patient monitoring, screening equipment, video services and connected devices. Commission has granted 30 funding proposals funding in 16 states....more

Applications Open for $200 Million COVID-19 Telehealth Program

Snell & Wilmer on 4/16/2020

As a follow up to our legal alert posted on April 7, 2020, the Federal Communications Commission ("FCC") announced that it is accepting applications for its $200 million COVID-19 Telehealth Program as of April 13, 2020. As a...more

FCC Adopts New Programs to Help Telehealth Services Combat COVID-19

Perkins Coie on 4/16/2020

Update 04.10.2020: The FCC has launched an online portal explaining the application process for grants from the $200 million in funding to support telehealth services described in this client update. The FCC will begin...more

COVID-19: Resources for Oncology Providers (Telehealth, Clinical Trials, Reporting Deadlines)

Foley & Lardner LLP on 4/16/2020

The Centers for Medicare & Medicaid Services (CMS), the Department of Health and Human Services (HHS), the Office for Civil Rights (OCR), the Office of the Inspector General (OIG), and other Federal and State agencies and...more

The United States Federal Communications Commission › Healthcare

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