Telephone, Texts and the TCPA: Everything Healthcare Organizations Need to Know

Date / Time

Venue

This is a virtual event, accessible online and over phone. Access instructions will be provided after registration.

Description

This is a complimentary program sponsored by Manatt, Phelps & Phillips, LLP.

Healthcare is among the top-three industries being targeted for Telephone Consumer Protection Act (TCPA) litigation. How can you protect your organization?

In a new webinar, Manatt provides an in-depth look at the TCPA and how it applies to healthcare communications, as well as discusses approaches for mitigating litigation risks.  The session will present a detailed overview of TCPA regulations, restrictions, statutory damages and litigation trends.  Participants will gain an understanding of consent requirements and what triggers them, the FCC’s definition of autodialers and the resulting challenges, and the distinctions between informational and marketing calls.  

In addition, the session will examine the primary exemptions for healthcare calls, including the Health Insurance Portability and Accountability Act (HIPAA) Exemption, the Emergency Purpose Exemption and the 2015 Exigent Healthcare Exemption.  It will clarify ambiguities at the intersection of the TCPA and HIPAA and help organizations evaluate the risks surrounding common healthcare messages. Finally, the program will share best practices for mitigating risk under the TCPA.

Educational Objectives:

• Understand the TCPA’s purpose, terminology, consent requirements and potential damages.
• Explore TCPA litigation trends, including recent settlements.
• Learn what is and is not an autodialer
• Determine how to distinguish between informational and marketing calls.
• Discover what “prior express consent” really means—and how you can satisfy the FCC standard. 
• Gain insights into the TCPA’s healthcare message exemptions, the types of calls covered and the kinds of consent required for different message categories.
• Identify which healthcare-related messages are covered by the TCPA exemptions and learn what is—and is not—marketing under HIPAA.
• Find out how the HIPAA Privacy and Security Rules regulate how healthcare stakeholders use and disclose protected health information (PHI)—and how the disconnect between HIPAA and TCPA terminology creates compliance challenges.    
• Identify best practices for mitigating TCPA litigation risk.

Who would benefit most from attending this program?

Executives, business leaders, in-house counsel and other in-house legal professionals working within the healthcare industry.

Presenters

Christine Reilly
  • Partner, Chair
  • TCPA Compliance and Class Action Defense

Litigator Christine Reilly defends companies in consumer class actions and other major civil litigation in various areas, including consumer protection, unfair competition, and false and deceptive advertising. She also represents clients facing investigations and proceedings initiated by the Federal Trade Commission, Federal Communications Commission, Consumer Financial Protection Bureau, and other federal and state regulatory agencies.

The chair of Manatt’s Telephone Consumer Protection Act (TCPA) compliance and class action defense group, Christine regularly defends companies from claims brought under the TCPA, and she frequently writes and speaks on TCPA compliance. She has significant experience litigating under other federal statutes, including the Federal Trade Commission Act; Electronic Communications Privacy Act; Electronic Fund Transfer Act; Fair Debt Collection Practices Act; and the Magnuson-Moss Warranty Act.

Within California, Christine defends companies facing allegations brought under state laws such as the False Advertising Law, Unfair Competition Law, the Rosenthal FDCPA, Consumers Legal Remedies Act, Song-Beverly Credit Card Act, California Penal Code Section 327 (endless chain/pyramid scheme), and the Invasion of Privacy Act.

In addition to litigation, Christine regularly counsels clients on marketing and advertising practices and compliance with various consumer laws. She represents companies in myriad industries and service sectors including sales and marketing, wireless/mobile technology, the Internet, lead generation, manufacturing, electrical components, software, telecommunications, television, music and entertainment, automotive parts and services, food, health, and beauty.

Randi Seigel
  • Partner
  • Manatt Health

Randi Seigel’s practice focuses on advising health systems, long-term and post-acute care providers, physician practices, national and regional Medicare and Medicaid Advantage (MA) plans, healthcare startups and other healthcare stakeholders. She provides legal and strategic guidance across a variety of critical areas, including the Health Insurance Portability and Accountability Act (HIPAA) and state privacy laws, corporate practice of medicine, Medicare and Medicaid conditions of participation and billing, fraud and abuse, compliance program requirements, and other regulatory and enforcement matters. Randi also has gained experience in providing regulatory and healthcare advice on a variety of complex transactions within the healthcare industry.

Randi came to Manatt from the Visiting Nurse Service of New York (VNSNY), where she was head compliance officer and privacy officer for VNSNY’s family of corporations, including certified and licensed home care service agencies, hospice, behavioral health providers, a captive professional corporation, New York State Medicaid managed long-term care plan, MA Plan and a health home. In that role, she created and implemented an enterprisewide compliance program that improved oversight, engagement and reporting. In addition, she advised on regulatory constraints and risks associated with strategic objectives and reorganizations, including partnerships with hospitals and ACOs. She also assessed and monitored progress on areas of regulatory exposure, as well as enhanced processes for Code of Conduct; Fraud, Waste and Abuse; and HIPAA training.

Prior to VNSNY, Randi was a healthcare associate at Garfunkel Wild, PC. She represented hospitals, home health agencies, physician practices, pharmacies and Federally Qualified Health Centers (FQHCs) in corporate and regulatory compliance, including researching Medicare and Medicaid billing, reimbursement, and fraud and abuse concerns; evaluating state and federal licensure issues; and responding to Medicare and Medicaid audits and investigations.

Continuing Education

Credits:
1.5 General COA, 1.5 CLE
Practice Areas:
Legal
Prerequisite:
A basic understanding of the laws and regulations applicable to the healthcare industry.
Level:
Intermediate
Production Date:
09/26/2018