Health Insurance Companies Seek TCPA Clarity

Health insurance companies are asking for more clarity on implementation of the Telephone Consumer Protection Act, beyond what the FCC sought to provide a year ago in an order and declaratory ruling (see 1506180046). The Consumer and Governmental Affairs Bureau agreed to seek comment. The insurance companies asked the agency to clarify that provision of a phone number to a “covered entity” or “business associate,” as defined under the Health Insurance Portability and Accountability Act (HIPAA), constitutes prior express consent for nontelemarketing calls, said a bureau notice. “The Petitioners contend that such ruling and/or clarification is necessary to harmonize the TCPA, HIPAA, and prior Commission rulings while protecting important health care communications,” the bureau said in a notice. Anthem, the Blue Cross Blue Shield Association, WellCare Health Plans and the American Association of Healthcare Administrative Management signed the petition. Comments are due Sept. 19, replies Oct. 4, in docket 02-278.