Hospitals and healthcare organizations confront significant challenges on a daily basis as they seek to comply with the industry's ever evolving body of state and federal regulations. While the 2015 Federal Communications Commission ruling on the Telephone Consumer Protection Act (TCPA) created qualified exemptions for certain healthcare communications, providers are still at risk as TCPA claims and settlements rise rapidly.
In response to the upward trend in litigation, healthcare organizations and providers may wish to consider certain proactive measures to avoid liability and potentially catastrophic penalties. Healthcare entities should consider consulting a knowledgeable insurance professional regarding insurance coverage that may be available to help mitigate significant losses.
The TCPA essentially prohibits telephone calls and text messages to residential and wireless numbers using an automatic dialing system or a pre-recorded message when the recipient has not granted prior express consent.
This Chubb advisory provides a brief overview of the TCPA, examines the implications of the 2015 Ruling for the healthcare industry and underscores the meteoric rise in claims related to TCPA violations. It concludes by suggesting risk mitigation measures designed to improve compliance with the 2015 ruling’s parameters and restraints.