News & Analysis as of

Prior Express Consent Health Care Providers

Klein Moynihan Turco LLP

Huge Healthcare Provider Settles Robocall Lawsuit for $2.5 Million

Earlier this year, United HealthCare Services, Inc. (“Defendant”) agreed to settle a class action robocall lawsuit for $2.5 million. In Samson v. United Healthcare Services, Inc, filed in the United States District Court for...more

BakerHostetler

FTC Continues Focus on Disclosure of Health Information to Third-Party Technologies

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A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement...more

Venable LLP

Washington's My Health My Data Act - Are You Prepared?

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Washington's My Health My Data Act (MHMDA) goes into effect on March 31, 2024, for most entities subject to the law. The MHMDA imposes new notice and consent requirements for the processing of "consumer health data," with...more

Dinsmore & Shohl LLP

Ohio Bill Would Ban Practice of Performing Intimate Exams On Anesthetized Patients Without Prior Consent

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Ohio lawmakers are considering a bill – House Bill 89 – that would bar medical, nursing, and other medical-professional students from performing pelvic, prostate, or rectal exams on anesthetized or otherwise unconscious...more

Akerman LLP - Health Law Rx

Pelvic Examination Law – Florida Takes a Second Look

The Florida medical community was left concerned and confused by the passage of the original 2020 pelvic examination law. As we discussed in our past blog, practitioners believed the law was overly burdensome, and they were...more

Mintz - Health Care Viewpoints

New York Seeks to Add Greater Protections Against Surprise Bills

Last week, the New York State Department of Financial Services released a proposed amendment to the regulations promulgated under the state’s Emergency Medical Services and Surprise Bills law (the SBL), which adds additional...more

Patrick Malone & Associates P.C. | DC Injury...

Hospitals slammed for ventures that exploit patients and violate their privacy

Big hospitals can’t exploit patients and violate their privacy by throwing open their facilities to Hollywood for television shows that plump institutions’ reputations. And academic medical centers need to think twice before...more

Dorsey & Whitney LLP

Healthcare Message Exempt under the TCPA’s Implementing Regulations

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The Dorsey Health Law blog team attempts to keep readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups for ideas...more

Womble Bond Dickinson

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

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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

Bass, Berry & Sims PLC

TCPA Exemptions for Healthcare Companies

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As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone...more

Bass, Berry & Sims PLC

The Telephone Consumer Protection Act in the Healthcare Industry

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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

Fenwick & West LLP

DC Circuit Offers Companies Measure of Relief from FCC’s 2015 Omnibus TCPA Ruling

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The D.C. Circuit has handed down its long-anticipated ruling in ACA International v. Federal Communications Commission, and in doing so invalidated key aspects of the U.S. Federal Communications Commission’s 2015 Omnibus...more

Smith Debnam Narron Drake Saintsing & Myers,...

DC Circuit Turns Away Healthcare Challenges to TCPA Declaratory Ruling

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

Dorsey & Whitney LLP

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

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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

Benesch

Second Circuit Confirms Prior Express Consent For “Health Care” Messages Need Not Be In Writing Under TCPA

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On February 21, 2018, the Second Circuit Court of Appeals affirmed a lower court’s grant of summary judgment in a TCPA defendant’s favor, holding that the TCPA plaintiff provided prior express consent for a “health care”...more

Farrell Fritz, P.C.

Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder

Farrell Fritz, P.C. on

It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot...more

Proskauer - Minding Your Business

A Shot in the Arm: Second Circuit Holds Flu Shot Text Messages Didn’t Violate TCPA

Earlier this month, the Second Circuit ruled that Mount Sinai Health System did not violate the Telephone Consumer Protection Act (TCPA) when it sent automated flu shot text message reminders to patients. The three-judge...more

Smith Debnam Narron Drake Saintsing & Myers,...

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more

Burr & Forman

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

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In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more

Eversheds Sutherland (US) LLP

Call Waiting? Challengers Continue to Await Ruling in Appeal of 2015 TCPA Order

We continue to await a ruling from the US Court of Appeals for the DC Circuit in the appeal of the Federal Communications Commission’s (FCC) July 2015 Omnibus Telephone Consumer Protection Act (TCPA) Declaratory Ruling and...more

Womble Bond Dickinson

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

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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

Stinson LLP

Eighth Circuit Court of Appeals Affirms Dismissal of TCPA Claims on Grounds of Prior Express Consent

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In Zean v. Fairview Health Services, the U.S. Court of Appeals for the Eighth Circuit recently affirmed the district court's dismissal of a putative class action complaint under the Telephone Consumer Protection Act (TCPA)....more

Dorsey & Whitney LLP

Browsewrap Disclosure Held Insufficient to Constitute “Prior Express Written Consent” Even for a Healthcare-Related Call

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Folks involved with selling health insurance, or anything else for that matter, and who rely upon browsewrap website terms might want to give Sullivan v. All Web Leads, Inc., No. 17-cv-1307, 2017 U.S. Dist. LEXIS 84232 (N.D....more

Carlton Fields

Facebook and HIPAA: Strange Bedfellows

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As a social media user, you may have experienced Facebook’s targeted advertising. Mere moments after searching for a specific item on Google or visiting another website, your Facebook ads reflect your recent browsing history....more

BakerHostetler

Debt Collector for Affiliated Physician Group Can Rely on Patient Contact Consent Obtained by Hospital

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Careful drafting of consent and information release provisions can ensure that providers and affiliated physicians and their debt collectors can contact patient cell phones using automatic telephone dialing systems or...more

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