News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Text Messages

Robinson+Cole Health Law Diagnosis

CMS Updates Guidance to Allow Texting of Patient Orders

On February 8, 2024, the Centers for Medicare and Medicaid Services (CMS) issued a quality standard memorandum (QSO Memo) updating and revising a memorandum it issued on January 5, 2018, to now permit the texting of patient...more

Manatt, Phelps & Phillips, LLP

REMINDER—New Rules Impacting Exempted Calls Now Effective

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

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 24, 2022

North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid - “Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more

Manatt, Phelps & Phillips, LLP

FCC Issues Declaratory Ruling and Order in Anthem, Inc.

On July 25, 2020, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling and Order in response to a 2015 petition by Anthem, Inc, a provider of health insurance (Anthem). Anthem requested that...more

Bass, Berry & Sims PLC

The Telephone Consumer Protection Act in the Healthcare Industry

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As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues related to their healthcare management, the potential for...more

Proskauer on Privacy

D.C. Circuit’s Long-Awaited Ruling Narrows FCC’s 2015 TCPA Order

Proskauer on Privacy on

On March 16, 2018, the D.C. Circuit Court of Appeals released a long-awaited decision in ACA International, et al. v. FCC, unanimously ruling to narrow a 2015 Federal Communications Commission (FCC) order (the “2015 Order”)...more

McDermott Will & Emery

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

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Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

Chambliss, Bahner & Stophel, P.C.

CMS Weighs in on Texting of Patient Information

Texting by physicians and other health care providers has long been a hot topic due to the privacy and security considerations involved, although HIPAA and state laws have generally been at the center of this discussion....more

Buchalter

Privacy Update: Texting Patient Information

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CMS has issued a memorandum clarifying its position on texting and recognizing that the use of texting has become an essential and valuable means of communication between health care team members. The takeaways from the...more

Roetzel & Andress

CMS Addresses Text Messaging Of Protected Health Information

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Text messaging has become an important communication tool. The number of text messages sent in the United States has grown exponentially from an estimated 12 million per month in 2000 to 780 billion per month in 2017....more

Smith Debnam Narron Drake Saintsing & Myers,...

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more

Robinson+Cole Health Law Diagnosis

CMS Issues Guidance on Texting Patient Information

On December 28, 2017, the Centers for Medicare and Medicaid Services (CMS) published a memo to state survey agency directors clarifying its position on the use of text messaging among health care providers. ...more

Burr & Forman

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

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In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more

Fox Rothschild LLP

The President Can Tweet, But Can A Doctor Text?

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Text messaging is a convenient way for busy doctors to communicate, but for years, the question has remained: are doctors allowed to convey sensitive health information with other members of their provider team over SMS? The...more

Baker Donelson

CMS Clarifies Text Messaging Prohibition

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After a confusing month of contradicting guidance, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum clarifying its position regarding the use of text messaging with patient information between providers....more

Womble Bond Dickinson

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

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On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

Manatt, Phelps & Phillips, LLP

Health Update - June 2017

HIPAA and Emerging Technologies - Editor’s Note: According to a HIMSS Mobile Technology Survey of healthcare provider employees, about 90% say they are using mobile devices to engage patients in their healthcare—and 36%...more

Roetzel & Andress

American Medical Association To Tackle Texting With Patients

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This June, the American Medical Association (AMA) House of Delegates will take up the issue of patient-physician texting at its annual meeting. With respect to physician-patient communications, the AMA has already issued...more

Robinson+Cole Data Privacy + Security Insider

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker

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Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Brownstein Hyatt Farber Schreck

Health Tech Podcast - Episode 3: HIPAA, HITECH and TCPA

In the third episode of their health tech podcast series, Ian O’Neill, a shareholder in Brownstein Hyatt Farber Schreck’s intellectual property department focusing on technology transactions, licensing, advanced media and...more

Foley & Lardner LLP

Hospital Text Messaging Rules Placed on Hold by Joint Commission

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The Joint Commission, which accredits hospitals and other health care organizations, hit pause on its prior May 2016 announcement to allow secure text messaging in hospitals and other health care organizations. The use of...more

Burr & Forman

Joint Commission Okays Texting of Patient Orders

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The Joint Commission recently announced a change in its policies whereby it will now allow providers to communicate patient orders via text message. The policy applies to all Joint Commission accreditation programs. While the...more

Buchalter

Avoiding the Costly “Robo No-No”

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The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more

K&L Gates LLP

Health Care Entities Get Clarity from FCC on Telephone Communications

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The health care industry is in the midst of rapid change as governments fight rising health care costs, providers look to comply with myriad new regulations, and technology continues to take a more prominent role in the...more

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