Dive Brief:
- Anthem, WellCare, and America's Health Insurance Plans (AHIP) are lobbying the FCC to clarify the term "healthcare providers" as it applies to the Telephone Consumer Protection Act (TCPA), which restricts telemarketing calls and imposes fines up to $1,500 per violation.
- The FCC clarified the law last summer and said it also applies to text messages but included an exception for "healthcare providers" without any further description.
- Anthem, Wellcare, and AHIP submitted separate letters to the FCC voicing their concerns and stating they would like the agency to clarify that "healthcare providers" includes health plans and business associates.
Dive Insight:
Anthem met with the FCC last month to voice its concerns and stated in its letter that a critical part of its services is member outreach via telephone for medication management calls, assistance for chronic disease management, and appointment reminders. The company also added studies back up the conclusion that Anthem's healthcare calls and texts are part of improving members' health outcomes.
Legal experts say insurers' concerns are valid because the FCC regulation does not specifically address insurance companies. Justin Kay, a partner at Drinker Biddle & Reath in Philadelphia, told Modern Healthcare that TCPA-related cases are increasing.
The FCC is currently reviewing the insurers' letters but did not provide any additional information.