FCC, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

The State AG Report – 5.2.2024

Cozen O'Connor on 5/7/2024

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Florida AG Takes the Field Against Atlantic Coast...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

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - May 2020

Manatt, Phelps & Phillips, LLP on 5/14/2020

As the COVID-19 pandemic continues to spread across the United States, states, payors, and providers are looking for ways to expand access to telehealth services. Improving access to telehealth is an essential tool in...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

FCC Moves Forward with COVID-19 Telehealth Program

Pillsbury Winthrop Shaw Pittman LLP on 4/10/2020

The Program will guide disbursement of $200 million to health care providers for connected care services. Health care providers interested in receiving funds must complete a three-step process that requires advance planning....more

Health CARES - Title III of the CARES Act Impact on Telehealth

Seyfarth Shaw LLP on 4/9/2020

As we previously reported, Congress passed and the President signed the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. 116-136) (“CARES Act”) on March 27, 2020. We recently provided guidance on how the CARES Act...more

FCC Chairman Proposes Plan to Implement CARES Act Funding for Telehealth Program

Mintz - Health Care Viewpoints on 4/1/2020

On Monday, the Chairman of the Federal Communications Commission (FCC), Ajit Pai, circulated a plan to his fellow Commissioners detailing how the $200 million the agency will receive via the CARES Act should be deployed for a...more

The TCPA and Healthcare: Consent, Exemptions and Risk Mitigation

Manatt, Phelps & Phillips, LLP on 3/5/2020

Editor’s Note: The average cost of a Telephone Consumer Protection Act (TCPA) settlement is estimated at $6.6 million—and healthcare is among the top three industries being targeted for TCPA litigation. Though its sponsors in...more

Sick of Waiting: Health Care Companies Urge FCC to Rule on Their July 2016 Petition Seeking Clarification on the TCPA Related to...

Womble Bond Dickinson on 8/29/2018

Last Friday, a group of Health Care Companies issued a letter to the FCC requesting it to respond to their petition filed back in July 2016, which asked the FCC to clarify that the use of a health plan member’s telephone...more

The Telephone Consumer Protection Act in the Healthcare Industry

Bass, Berry & Sims PLC on 6/18/2018

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

DC Circuit Turns Away Healthcare Challenges to TCPA Declaratory Ruling

Smith Debnam Narron Drake Saintsing & Myers,... on 4/4/2018

In ACA International v. Federal Communications Commission, 2018 U.S. App. LEXIS 6535 (2018), the DC Circuit rejected a series of challenges to the FCC’s 2015 Declaratory Ruling brought by Rite-Aid related to the...more

DC Circuit shuts down effort to limit TCPA liability for communicating health information

Dechert LLP on 3/29/2018

The U.S. Court of Appeals for the D.C. Circuit, on March 16, 2018, struck a blow to healthcare industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act (HIPAA) from...more

D.C. Circuit Shuts Down Rite Aid’s Challenge to Expand Healthcare Exemptions under the TCPA and HIPAA

Dorsey & Whitney LLP on 3/27/2018

On March 16, 2018, the U.S. Circuit Court of Appeals for the District of Columbia issued a groundbreaking decision in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l“) that...more

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

Womble Bond Dickinson on 11/14/2017

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

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