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Maintain TCPA Compliance - Understand What HIPAA Constitutes as a Healthcare Message

Learn how to keep your organization out of litigation and follow the TCPA.

Learn as much as you can about current Telephone Consumer Protection Act (TCPA) litigation and compliance best practices, focusing on how the TCPA interacts with the Health Insurance Portability and Accountability Act (HIPAA) so that you can avoid making mistakes that result in a lawsuit. Review the June 2015 Federal Communications Commission Declaratory Ruling and Order and the ACA v. FCC Decision that struck portions of the Order. Understand the current TCPA landscape after the ACA ruling, including what is an ATDS and what is needed for consent and revocation. Failing to establish the proper policies and procedures and lack of a comprehensive training program is a top reason companies get sued. Don't let this happen to you. Learn as much as you can about what constitutes a health care message and how you can avoid making TCPA mistakes by updating your compliance management system. Analyze the hot button issues facing the accounts receivable management and health care industries from both a compliance and litigation-management perspective and focuses on popular individual and class-action claims.

Runtime: 95 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

TCPA

  • Brief History Statute and Regulations
  • 2015 FCC Consent Order
  • ACA v. FCC Decision
  • What Is an Auto Dialer Now?
  • Prerecorded Messages to Residential Numbers
  • Prior Express Consent; Revocation of Consent
  • Private Right of Action Extreme Liability (Bounty Hunter Statute)1,500 per Call, Treble Damages If Intentional
  • Attorney Fees (Court Awards Anyway)
  • Strategies (Don't Call Cell Phones on a Dialer)

HIPAA

  • Brief History
  • Prohibited Conduct Health Care Providers
  • PHI
  • Minimum Necessary
  • Business Associates
  • Health Care Calls
  • Liability
  • Dodd-Frank and Obama Care Revisions

The TCPA and HIPAA

  • General Interaction Limited TCPA Exemptions
  • Health Care Calls on a Dialer
  • Prior Express Consent to Health Care Providers Application for Services
  • Incapacitated Patients and Third Party Consent
  • Types of Health Care Calls
  • Health Care Text Messages
  • Overlapping Litigation
  • Policies and Procedures-Choosing the Right Communication Platform
  • Contract Provisions to Include With Communication Platform Provider
  • Pre-Recorded Messages; Text Messages
  • Liability Insurance
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 26, 2018.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.6
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.6
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 95 Minutes.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Kelly Knepper-Stephens

Kelly Knepper-Stephens

TrueAccord

  • Vice President, Legal & Compliance, TrueAccord
  • Advises her company on all aspects of consumer financial protection law
  • Conducts regular seminars, presentations, and has a podcast TwoDEBTicated Attorneys
  • Serves on the board of directors for the Receivables Management Associates International and is an ACA certified instructor
  • J.D. degree, George Washington University School of Law
  • Can be contacted at [email protected] or 415-850-9585
Ethan G. Ostroff

Ethan G. Ostroff

Troutman Sanders LLP

  • Partner, Troutman Sanders LLP
  • Focuses on financial services litigation and consumer law compliance counseling
  • Conducts regular seminars, presentations, and webinars on topics related to the alphabet soup of consumer protection statutes
  • Represents companies and individuals in patent, trademark and other commercial matters
  • Serves on the board of directors for the Receivables Management Associates International and is an ACA certified instructor
  • J.D. degree, The American University School of Law
  • Can be contacted at [email protected] or 757-687-7541
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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  • MP3 Downloads
  • Course Manuals
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  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
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* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 404701
Published 2018
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