Claims and settlements by healthcare bodies under the Telephone Consumer Protection Act (TCPA), which that limits unsolicited automatic telephone calls, are still rising rapidly, according to a new advisory from insurer Chubb.
This is despite a 2015 Federal Communications Commission ruling on the TCPA that created qualified exemptions for certain healthcare communications.
TCPA, a federal law that limits unsolicited automatic telephone calls and text messages to residential and wireless numbers by businesses, applies to healthcare providers when they communicate with patients and other customers.
Co-authored by two Chubb executives, the advisory, TCPA Violations: Risk Avoidance Strategies for Healthcare Entities and Providers, provides an overview of TCPA;
examines the most relevant implications of the 2015 ruling, including seven healthcare exemptions; reviews potential consequences, including fines and current litigation; and
outlines risk management strategies for healthcare organizations to improve their compliance with the law's provisions.
"Healthcare providers such as hospitals, clinics and pharmacies need to communicate with many patients in the most efficient way possible," said Diane Doherty, vice president, Chubb Healthcare, who co-wrote the advisory with Aaron Turner, vice president, Chubb Healthcare.
"The 2015 ruling provided much-needed clarification for healthcare organizations. However, these entities must comply with the entire exemption to protect patients and their reputations, or they are at risk of facing potentially catastrophic penalties and lawsuits."
Chubb, Insurance, Telephone Consumer Protection Act, Healthcare, Aaron Turner, US
