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TCPA Compliance: Understand What HIPAA Communications Constitute a Healthcare Message


Examine communication rules, frequency, patient preferences, and honoring communication permissions in practical detail.

How much communication is too much and how much is too little when reaching out to your patients and their responsible parties? To answer this straightforward question, healthcare organizations are expected to separate and earmark particular proposed communications based upon purpose to stay aligned with several laws. A handful of federal laws map different rules for assuring that both the method and frequency with which you communicate with your patients (and their responsible parties) is consistent with your patients' expectations and permissions. Under Federal Communication Commission (FCC) rules, different types of HIPAA communications are now treated differently. In addition, under the Federal Trade Commission (FTC) rules - any uses or disclosures made of patients' non-public information that are not expressly permitted by consumers could even be viewed as a healthcare breach because of the unauthorized access. Finally, the U.S. Department of Health and Human Services (HHS) who administers HIPAA - may have its own perspective on what permissions you must have to communicate with patients and their responsible parties. In this presentation we will take a practical look at all of these rules and guidelines for how to communicate, how often to communicate, and how to learn and honor your patients' communication permissions and preferences.





Eversheds Sutherland (US)

  • Senior attorney at Eversheds Sutherland (US) LLP, a multidisciplinary, international law firm that draws on our attorneys’ comprehensive industry and policy knowledge and a global network of industry advisors and subject-matter experts to provide innovative legal solutions and client-service excellence worldwide
  • An articulate corporate author and engaging trainer with more than 30 years of experience handling compliance, regulatory, transactional, and legal matters for hospitals and financial services companies
  • Recognized as a national expert on HIPAA and other information privacy and security laws, she was one of the first privacy officers internationally accredited as a Certified Information Privacy Professional
  • In addition to being an attorney and government/regulatory relations specialist, she is an experienced mediator
  • Frequent motivational speaker and compliance educator and has been honored for her contributions to the consumer financial and healthcare industries by several credit, collections, healthcare, and banking associations as well as the U.S. Small Business Administration
  • J.D. degree, University of Notre Dame; undergraduate degree, Northwestern University
  • Can be contacted at [email protected]

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