Proceed With Caution

Navigating Safely Through the Intersection of the TCPA and HIPAA

The FCC has established an exemption from the Telephone Consumer Protection Act (TCPA) consent requirements for healthcare messages that are regulated by the Health Insurance Portability and Accountability Act (HIPAA). On the surface, healthcare providers and others covered by HIPAA appear to have broad latitude in calling and texting patients. However, since HIPAA doesn’t specifically define what a healthcare message is, there is substantial ambiguity that can translate into significant risks.

In a webinar from Manatt and Bloomberg BNA, Marc Roth and Christine Reilly, co-chairs of Manatt’s TCPA Compliance and Class Action Defense group, and Anne O. Karl, an associate in Manatt’s healthcare practice, helped clarify the ambiguities at the intersection of HIPAA and the TCPA. And we don’t want you to miss out on this critical information.

During the comprehensive session, the panelists share the latest news from the FCC and discuss the newest technological advances designed to help minimize TCPA-related risk. The program also gives you the chance to:

  • Gain insights into the TCPA’s healthcare message exemptions.
  • Understand what is—and isn’t—defined as marketing under HIPAA.
  • Learn how the HIPAA Privacy and Security Rules regulate how health insurers and providers use and disclose protected health information (PHI)—and how the disconnect between HIPAA and TCPA terminology creates compliance challenges.
  • Discover the four key questions all HIPAA-covered entities and their business associates should ask themselves before making automated calls to mobile devices or prerecorded calls to landlines.
  • Explore the newest regulations and consent requirements.
  • Examine case studies to help evaluate TCPA and HIPAA risks when promoting wellness programs, providing payment and appointment reminders, and performing market research.

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