Texting & HIPAA Compliance in your practice

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Presentation transcript:

Texting & HIPAA Compliance in your practice Intuit demandforce Texting & HIPAA Compliance in your practice March 26th, 2014 [Presented By: Liz BAKER in Partnership with RevolutionEHR]

TEXTING & HIPAA Compliance Agenda Text Messaging HIPAA Compliance Email & the CAN-SPAM law CONFIDENTIAL

Texting & HIPAA Compliance TCPA (Telephone Consumer Protection Act) Among other things, the TCPA allows individuals to file lawsuits and collect damages for receiving unsolicited telemarketing calls, faxes, pre-recorded calls or autodialed calls. New law as of October 2013: The Federal Communications Commission (FCC) now requires that businesses obtain written consent from their consumers before delivering certain types of text or voice communications if they are transmitted for marketing purposes. http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf] that our customers obtain written consent from their consumers before delivering certain types of text or voice communications CONFIDENTIAL

TEXTING & HIPAA COMPLIANCE Marketing vs. Operational Marketing text: Promoting certain service or product Special offers Recall texts Texts without a previous business relationship between the patient & practice Operational text: Appointment reminder Appointment confirmation Any communication around a previously scheduled and agreed upon appointments CONFIDENTIAL

TEXTING & HIPAA COMPLIANCE What is OK Texts with written consent Texts about an appointment (including confirmations & reminders) Manually sent “Welcome” text messages Eyewear ready notifications Calls that are manually dialed and do not contain a pre-recorded message are exempt from the TCPA http://www.kleinmoynihan.com/publication/new-tcpa-rules-effective-october-16-2013/ CONFIDENTIAL

TEXTING & HIPAA COMPLIANCE What has Demandforce Done? No more automatic welcomes CONFIDENTIAL

TEXTING & HIPAA COMPLIANCE What has Demandforce Done? Improved Response Tracking Better preferences flow for patients Expanded opt-in links: promoting text message opt-ins with every email CONFIDENTIAL

TEXTING & HIPAA COMPLIANCE HIPAA Ombibus Final Rule: extended the obligations of health care providers & the businesses who have access to PHI to protect patients’ protected health information (PHI) HIPAA Privacy Rule: governs acquisition, storage, transfer & retention of PHI HIPAA Security Rule: covers all information acquired, maintained or transferred electronically CONFIDENTIAL

TEXTING & HIPAA COMPLIANCE Demandforce is HIPAA Compliant Ensure all programs in your practice are HIPAA compliant CONFIDENTIAL

TEXTING & HIPAA COMPLIANCE Email & CAN-SPAM Law All emails from a business must not violate the CAN-SPAM Act Include bulk & one-off emails Damages ranging from $500.00 to $1,500.00 per unsolicited call/message CONFIDENTIAL

TEXTING & HIPAA COMPLIANCE Basic Email Requirements Include unsubscribe links Honor unsubscribe requests Include full contact information Not release private or confidential information Must not give false or misleading information (including deceptive subject lines) ** Demandforce already does the first 3 automatically CONFIDENTIAL

TEXTING & HIPAA COMPLIANCE Liz Baker LIZ_BAKER@intuit.com Demandforce.com/REVolutionehr CONFIDENTIAL