News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Telecommunications

Ward and Smith, P.A.

FAQ: What Medical Practices Need to Know Regarding Communicating with Patients via Telephone and Text

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Every day, physicians, medical practice managers, and administrative professionals call their trusted attorneys with a "quick question" about the legality of a new approach to ensure patients come to their appointments on...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

Manatt, Phelps & Phillips, LLP

[Webinar] TCPA Guide for Health Care: Trends, Requirements and Strategies to Mitigate Risk - March 16th, 3:00 pm - 4:00 pm ET

Though its sponsors in 1991 intended it for small claims court, the Telephone Consumer Protection Act (TCPA) has turned into high-cost litigation with serious business, and even personal, consequences. The average cost of a...more

Lerman Senter PLLC

July 20, 2023 Effective Date Announced for TCPA Rule Amendments

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The FCC has announced an effective date of July 20, 2023 for rule amendments that affect certain calls to residential numbers that currently are exempt from the Telephone Consumer Protection Act’s (TCPA) prior express consent...more

Seyfarth Shaw LLP

Policy Matters Newsletter - October 2021

Seyfarth Shaw LLP on

Will-They-Won’t-They Saga Continues: As we noted, about two weeks ago, more centrist democrats in the House pushed the speaker into a promise to hold a vote on the bi-partisan infrastructure bill passed by the Senate on...more

Manatt, Phelps & Phillips, LLP

Recent FCC Orders Implementing the TRACED Act

In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act—or TRACED Act (Act)—with the goal of complementing the now decades-old Telephone Consumer Protection Act (TCPA) to stem the tide of...more

King & Spalding

HHS Extends Comment Period on Proposed HIPAA Rule

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On January 21, 2021, the HHS Office for Civil Rights (OCR) published a notice of proposed rulemaking (the Proposed Rule) proposing modifications to the HIPAA Privacy Rule to address standards that might impede the transition...more

Sheppard Mullin Richter & Hampton LLP

FCC Sets Volume Limits For Some Prerecorded Calls to Home Phones

The FCC recently adopted new rules that will limit the volume of calls that can be made to residential phones under certain TCPA consent exceptions. The new rules affect non-telemarketing calls that use an artificial or...more

Wiley Rein LLP

TCPA Update: FCC Imposes New Call Limits and Opt-Out Requirements

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On December 30, 2020, the Federal Communications Commission (FCC or Commission) released a Report and Order updating a number of Telephone Consumer Protection Act (TCPA) exemptions. The Report and Order codifies exemptions...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

Butler Snow LLP

Ready or Not … Here Comes a Global Pandemic: A Legal and Practical Overview of the New Normal to Patient Healthcare – Telehealth

Butler Snow LLP on

What a time to be alive. Despite this phrase being a personal favorite, I would guess that most of us think of these six-words—or some variation thereof—on a daily basis. At the beginning of this year, most Americans likely...more

Dickinson Wright

Update On Rapidly Changing Telehealth Developments

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Telehealth is particularly well suited for initial screening of patients and providing quicker and safer access to providers during the COVID-19 pandemic....more

Wilson Sonsini Goodrich & Rosati

HIPAA and COVID-19 Update: HHS and OCR Remove Barriers to Accessing and Providing Telehealth Services and Other Waivers in Midst...

The COVID-19 emergency presents an unprecedented need to communicate quickly and effectively from a distance. Telehealth and telecommunications applications more broadly are poised to address the potentially crushing demand...more

Foley Hoag LLP - Security, Privacy and the...

MaHIMA Webinar: "Alexa, What Medication Am I Taking?" (Presentation)

"Open the pod door, HAL" • Commercial voice-activated intelligent personal assistants from Amazon, Apple, Google, and Microsoft, among others, are growing in popularity. • A report from NPR and Edison Research states...more

Bradley Arant Boult Cummings LLP

D.C. Circuit Court of Appeals’ TCPA Ruling Is a Mixed Bag

On March 16, 2018, the D.C. Circuit Court of Appeals issued its long-awaited Telephone Consumer Protection Act (TCPA) opinion in ACA International v. Federal Communications Commission, a consolidated appeal of the FCC’s July...more

Akin Gump Strauss Hauer & Feld LLP

ACA International v. F.C.C., et al.

• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...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

Burr & Forman on

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

Robinson+Cole Data Privacy + Security Insider

Business Associate Resold Fax Machine Containing PHI

Fax machines are still used in the medical community, and these days, faxing may be more secure than emailing as hackers have not yet cracked the task of hacking into old fax machines. All kidding aside, fax machines have...more

Foley & Lardner LLP

Key Takeaways from Oklahoma’s New Telemedicine Law

Foley & Lardner LLP on

Oklahoma Governor Mary Fallin recently signed into law SB 726, establishing new telemedicine practice standards, including explicitly allowing doctors to create valid physician-patient relationships via telemedicine without...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 14

Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Sheppard Mullin Richter & Hampton LLP

Do Routine Calls by Health Plans to Patients and Health Plan Members Constitute “Telemarketing” Under the Telephone Consumer...

Covered entities have a long list of laws and regulations governing their conduct, including their communications with patients, customers, and members. Specifically, the Health Insurance Portability and Accountability Act...more

Sheppard Mullin Richter & Hampton LLP

Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They...

Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic...more

Bilzin Sumberg

Alphabet Soup and Data Security

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In the span of two days, mobile device users learned of two data breaches that could compromise their personal data. In one, Experian (a credit reporting agency) reported that it was hacked, potentially putting 15 million...more

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