Get Consent

A major part of being compliant and avoiding lawsuits is to get consent from your patients. But simply asking your patients if it is okay to call them is not enough. You need to have express written consent. Make sure that you use simple language so that your patients know exactly what you intend to do with their phone number. Once you have that consent, you need to store it properly and make sure the ones responsible for contacting patients are aware of its validity. It is also important to make it easy for patients to opt out, and that choice should be honored.

Providers are Responsible for Their Vendors

If you hire a third-party vendor to handle your billing and collections, you are responsible for them. That means if your vendor violates the TCPA rules, despite telling you that they are compliant, you are just as guilty, whether or not you were aware of the situation. And despite your vendor being the one who violates the rules, your patients will more than likely come after you. It is important to foster a good relationship with your vendor. Keep yourself updated on all of the regulations, and make sure that your vendor is as well. Even though your vendor isn’t directly connected to your practice, hold them to your standards, which will show your patients just how much you care.

Emphasize Personal Connectivity

A huge issue with patients and phone calls is that most of the calls are automated. Patients tend to hang up on or ignore automated calls, especially if they don’t know who they are from. Instead, emphasize personal connectivity with your patients. Even if you use a manual dialer, you still run the risk of having it sound like an automated call, and the court won’t buy the defense that it was manual technology if it comes across as an ATDS. If patients don’t answer their phone, make sure that you keep your voicemail messages within the current guidelines. Personally speaking with your patients, whether it’s you or your vendor, and developing a relationship with them is going to ensure that you stay compliant and will be more likely to avoid TCPA issues.

Even though current TCPA regulations are under scrutiny, that doesn’t mean that those regulations can be ignored. A decision is likely to be reached early in 2017, which will mean it will be enforced by summer. Following the regulations now will not only help you to prepare your staff, or your vendors, to be ready for compliance upon the final decision, it will help you to avoid costly lawsuits and allow you to maintain a satisfied clientele.

The post What to Know About TCPA in 2017 appeared first on The Midland Group.

 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.

The post Are You On Top of Your TCPA Compliance? appeared first on The Midland Group.