Are There TCPA Exemptions for Healthcare Providers? 

Type: Blog
Topic: Do Not Call Solution

Yes, there are specific exemptions under the Telephone Consumer Protection Act (TCPA) for healthcare providers. These exemptions primarily apply to calls or text messages that are considered essential to patient care, that could be deemed marketing communications. However, healthcare providers must still comply with certain rules, particularly when it comes to marketing messages and all other calls made to wireless numbers using automated systems.

Given the complexities involved, managing TCPA compliance can be challenging for healthcare providers. PossibleNOW’s Do Not Call platform helps healthcare organizations navigate TCPA regulations, protecting essential patient communications while avoiding costly penalties.

How HIPAA Interacts with TCPA Regulations in Healthcare

The Health Insurance Portability and Accountability Act (HIPAA) and the TCPA both govern communications between healthcare providers and patients, but they serve different purposes. HIPAA focuses on protecting patient privacy, while the TCPA regulates telemarketing practices and calls made using automated systems.

When healthcare providers send messages that contain protected health information (PHI), they must comply with both HIPAA and TCPA rules.

HIPAA permits the use of certain patient information for communications related to treatment, payment, and healthcare operations without additional consent, but TCPA still requires prior express consent for calls to wireless numbers for these types of calls/texts, unless they meet certain exemptions.

TCPA Exemptions for Healthcare Marketing Calls

It’s important to note that the TCPA allows for a carve-out for HIPAA covered entities sending marketing calls/texts.  While other industries are required to obtain express written consent for marketing calls/texts, HIPAA covered entities are only required to obtain express consent.  distinguishes between marketing and informational calls in the healthcare industry. While appointment reminders and prescription refill notices are generally exempt from TCPA rules, marketing calls are not. Marketing communications, such as promoting a new service or product, require prior express written consent from the patient, even if the patient has provided their phone number.

Failure to distinguish between these two types of calls can lead to non-compliance, putting healthcare providers at risk of significant penalties.

Consequences of Non-Compliance with TCPA for Healthcare Providers

Non-compliance with TCPA regulations can result in steep penalties for healthcare providers, with fines reaching up to $1,500 per violation for willful breaches.

Additionally, TCPA violations often lead to class-action lawsuits, which can be both financially and reputationally damaging for healthcare organizations. As the healthcare industry becomes more reliant on digital communications, staying compliant with both TCPA and HIPAA is crucial to avoid these costly consequences.

Best Practices for Healthcare Providers to Stay TCPA Compliant

To minimize the risk of TCPA violations, healthcare providers should:

1. Obtain prior express consent: Make sure you have documented consent from patients before contacting them through automated systems, particularly for marketing communications.
2. Differentiate between marketing and informational messages: Always make a clear distinction between purely informational calls and those that contain marketing content.
3. Use compliance tools: Leverage tools like PossibleNOW’s DNCSolution to automate consent tracking.

By adopting these practices, healthcare providers can continue to communicate effectively with patients while remaining compliant with TCPA regulations.

About PossibleNOW

PossibleNOW is the pioneer and leader in customer consent, preference, and regulatory compliance solutions. We leverage our MyPreferences technology, processes, and services to enable relevant, trusted, and compliant customer interactions. Our platform empowers the collection, centralization, and distribution of customer communication consent and preferences across the
enterprise. DNCSolution addresses Do Not Contact regulations such as TCPA, CAN-SPAM and CASL, allowing companies to adhere to DNC requirements, backed by our 100% compliance guarantee.

PossibleNOW’s strategic consultants take a holistic approach, leveraging years of experience when creating strategic roadmaps, planning technology deployments, and designing customer interfaces. PossibleNOW is purpose-built to help large, complex organizations improve customer experiences and loyalty while mitigating compliance risk.