Are You On Top of Your TCPA Compliance?

The recent clarification of TCPA compliance by the FCC last year has proven to be a thorn in the side of many hospitals and other medical groups that use automated dialing and messaging to reach patients via cell phones. This clarification, which strictly enforces that debt collectors must obtain express consent to use cell phone numbers when calling patients, has proven to put up even more blockades for the healthcare industry desiring to contact patients on their cell phones as part of their debt collection strategies.

 What’s At Risk for Violating TCPA?

Not taking TCPA seriously could result in multi-million dollar settlements for hospital and medical groups that might be forced to pay $500 in damages for each unauthorized cell phone call, or worse, $1,500 for each call made in violation of the statute. Meanwhile, TCPA lawsuits have skyrocketed 560% between 2010 and 2014. In 2014 alone, consumers won an average of $4.12 million in TCPA lawsuits. Though this may sound dire for hospitals, staying on top of your TCPA compliance truly comes down to understanding this new ruling and have a solid plan in place. Here’s how you can ensure TCPA compliance for your organization.

Understand What “Express Consent” Means

Express consent means that if the patient provides you with a cell phone number, you have their express consent to contact them using an automated dialer on their cell phones. Simple, right? In a sense, yes. However, the terms in which you can call someone on their cell phone are still limited:

• If a patient has provided you with a cell phone number in regards to a particular service or type of treatment, you may use that number to contact them but ONLY for that service.
  
• It does not include someone signing on the patient’s behalf.
  
• The FCC does not require written documentation to obtain express consent, but prudence dictates tenacious attention to consent or non-consent, especially revocation of consent.

We also recommend revising the language of your Agree & Consent forms to ask specifically for cell phone numbers that patients freely give and consent to be being contacted with.

Know That The Limitations Are Lengthy

If you choose to use an automated dialer to reach patients on cell phones, it’s important to note that the limitations for leaving voicemail messages are indeed stringent. For example:

• Voice calls and text messages must state the name and contact information of the healthcare provider at the beginning of the call.
• Voice calls and text messages must not include any telemarketing, solicitation, or advertising; nor may they include accounting, billing, debt-collection, or other financial content. Plus they must comply with HIPAA privacy rules.
• Voice calls and text messages must generally be one minute or less in length and 160 characters or less in length, respectively.
• You can only leave one message a day with a combined maximum of three voice calls or text messages a week.
• You must provide easy opt-out options within the message and you must honor those opt-out requests immediately

Automated Messaging Can Be Successful with a Plan

With a successful compliance plan in place, automated dialing and messaging can be effective and successful. The best solution might require using an experienced vendor who knows the most effective way to reach and communicate with patients using an automated dialer while still maintaining TCPA compliance.

A self-pay patient advocate is especially knowledgeable in helping hospitals build personal relationships with patients so that they find the right solution for them and their ability to pay. This vendor relationship also ensures that they have the correct, most up-to-date knowledge of and contact information for any given patient, thereby keeping you and your hospital TCPA compliant. In conclusion, it is possible to mitigate your risks by having a thorough understanding of the new TCPA regulations and implementing a viable plan to effectively communicate with your patients.