HIPAA and TCPA Intersection: Navigating Healthcare Call Exemption, Landline/Cell Phone Distinction, Scope of Consent
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the intersection of HIPAA and the Telephone Consumer Protection Act (TCPA) and provide guidance to healthcare counsel for understanding the risks and overcoming the compliance challenges facing the healthcare industry. The panel will discuss healthcare-related messages and what is and is not defined as marketing under HIPAA.
- Type of messages covered under the TCPA exemption
- Consent issues
- HIPAA-TCPA intersection
- Healthcare-related messages
- Marketing as defined under HIPAA
- Terminology—what challenges are created by the statutes’ terminology?
- Best practices
- Understanding the risks
- Overcoming the compliance challenges
The panel will review these and other key issues:
- What healthcare-related messages fall under the TCPA? What are the limitations of the exemption?
- What measures should healthcare providers and business associates adopt to ensure their consent practices comply with both HIPAA and the TCPA?
- How should counsel manage the ambiguities of the rules?
Douglas G. Bonner
Womble Carlyle Sandridge & Rice
Mr. Bonner's specific areas of practice include telecommunications and mass media; communications litigation; and... | Read More
Mr. Bonner's specific areas of practice include telecommunications and mass media; communications litigation; and antitrust, regulatory and government affairs, relating to the telecom industry. His telecom litigation experience includes defending businesses engaged in telemarketing in consumer class actions involving the Telephone Consumer Protection Act and other privacy laws, providing privacy and data breach counseling to businesses, and representing telecommunications carriers in interconnection disputes, Telecommunications Act of 1996 cases and FCC enforcement proceedings.Close
Rebecca E. Jacobs
Womble Carlyle Sandridge & Rice
Ms. Jacobs has a comprehensive communications law practice, guiding clients in media law, Internet, telecom, cable... | Read More
Ms. Jacobs has a comprehensive communications law practice, guiding clients in media law, Internet, telecom, cable and privacy/data protection matters. She counsels communications industry clients in negotiating contracts and complex business transactions, as well as helping them resolve disputes and regulatory challenges.She also works with her firm's Privacy and Data Protection Team to help clients protect confidential information, including trade secrets, customer data and company records.Close
Mary Ellen Kleiman
VP, Legal Affairs and Associate General Counsel
National Association of Chain Drug Stores
Ms. Kleiman works on a wide variety of regulatory issues on behalf of National Association of Chain Drug Stores'... | Read More
Ms. Kleiman works on a wide variety of regulatory issues on behalf of National Association of Chain Drug Stores' members before legislatures, agencies, and the courts. She has experience on patient privacy regulation and enforcement under HIPAA and oversaw the submission of NACDS’ recent comments to the Federal Communications Commission on patient healthcare communications.Close