In today’s fast-paced and distracted world, healthcare organizations often struggle to keep members and patients informed and engaged with their own healthcare. Though the use of text messages, phone calls, and automated communication systems have been game changers in keeping those lines of communication open, they also come with the complication of navigating the legal landscape of the Telephone Consumer Protection Act (TCPA).
In our recent webinar, Navigating the Telephone Consumer Protection Act for Healthcare Organizations, we examined the TCPA and its implications for healthcare organizations, debunk common myths, and identified technology and process best practices for communicating with your members in an effective yet compliant manner.
The TCPA continues to evolve, but its key focus remains on protecting privacy while still keeping patients informed and enhancing their overall experience. Having a proactive TCPA strategy should be center stage for many organizations wanting to do just that.
So, to fully understand the TCPA and all that comes with it, we’ll start by going back in time and examining the origins of TCPA when it first came onto the scene in the early 90’s.
What Is the TCPA and Why Should Healthcare Organizations Care?
The TCPA, enacted in 1991 by the Federal Communications Commission (FCC), was designed to protect consumers from unwanted telemarketing calls. The goal was simple: restrict telemarketing communications to give consumers some relief from the flood of incoming spam calls.
Evolving over the next 30+ years, the TCPA today looks different from that initial statute. Most notably for healthcare:
- It now doesn’t just cover phone calls. In 2003, texts became covered as “calls” under the TCPA.
- A healthcare specific exemption was carved out in 2013 and further clarified in 2025.
But healthcare organizations should not just look at the TCPA as a regulatory burden. It really is a statute in place for the benefit of health consumers that directly aligns with the goals of the healthcare organizations themselves.
Plans and providers want to engage with members and patients, build trust with them, and develop a true partnership in managing their health, and these regulations ultimately support those goals. Without the TCPA in place, cutting through the noise of spam and messages (and subsequent distrust consumers would have for any incoming communications) would be nearly impossible.
Changes in the TCPA for Healthcare
The FCC has recently made several adjustments to the TCPA to address the specific needs of the healthcare industry. Most importantly, certain healthcare-related communications are exempt from the TCPA’s restrictions on robocalls and text messages, as long as they meet specific criteria.
This includes messages related to:
- Appointment confirmations and reminders
- Wellness checkups
- Hospital pre-registration instructions
- Prescription notifications
- Notifications regarding lab results
- Post-discharge follow-up communications
However, the exemption is not blanket permission to send unlimited messages. Remember, there are strict limits on the frequency and content of these communications, and they must be related directly to the patient’s health and care.
Marketing messages are not covered by this exemption, meaning healthcare organizations still need express written consent for promotional messages, even if they’re related to health products or services.
Key TCPA Compliance Considerations for Healthcare
Recognizing the value of communication between healthcare organizations and their members or patients, the FCC carved out some specific rules were carved out for this industry.
Consent Is Key
One of the most critical aspects of TCPA compliance is ensuring that you have the proper consent from patients before contacting them. For healthcare organizations, there are two types of consent:
- Express Written Consent: Required for marketing-related communications.
- Implied Consent: May apply to informational or treatment-related messages, such as appointment reminders or health updates.
It’s essential to understand when express written consent is necessary versus when implied consent may suffice. The webinar covers scenarios that clarify this distinction and provides tips on how to gather and store consent.
Understanding Healthcare Exemptions
The TCPA healthcare exemptions allow for certain calls and messages to be sent without express written consent, which is the strictest form of consent, as long as they are strictly for treatment, payment, or healthcare operations. For these interactions, only prior express consent is needed.
With a broader definition, prior express consent assumes that a member or patient providing that phone number implies consent for communications related to that relationship. For example, if a member signs up for a health plan, there is an assumption of consent given that you would reach out to them about their plan benefits or information related to their health.
However, these exemptions don’t mean healthcare organizations can operate without constraints. There are strict rules around the timing and content of these messages, including the use of autodialers and prerecorded messages. For a complete breakdown of the exemptions and how to apply them, we encourage you to check out the full webinar.
Respect Opt Out Request
Under the TCPA, consumers have the right to opt out of receiving further communications at any point in time, and healthcare organizations must respect this request immediately.
Because the response to an opt-out must be immediate, it’s crucial for healthcare providers to have a system in place that tracks and manages these opt-outs efficiently. For example, it’s important to have technology in place that understands a text message from the customer saying “please stop texting me” instead of “STOP” constitutes an opt-out. Failing to honor an opt-out request can not only lead to costly fines but it can also damage the trust you’ve built with your members or patients.
When reaching out, you must always provide a clear, easy way for patients to unsubscribe from future communications, whether through a simple text reply or a dedicated hotline. For IVR calls, a recent ruling update now requires the option to opt-out be given within 2 seconds of a call to be compliant with the TCPA.
Patient Data and Consent Revocation
One often overlooked area of TCPA compliance is the issue of revocation of consent. Patients have the right to revoke their consent at any time, and healthcare organizations must respect that. Failure to honor a patient’s request to stop receiving communications can result in significant penalties.
In the webinar, we covered how to effectively track and manage patient data, including opt-in and opt-out preferences. By implementing a robust consent management system, you can avoid the common pitfalls associated with revocation of consent.
Common TCPA Misconceptions
The TCPA is long and complicated, so it’s understandable there may be some confusion or myths out there about what the regulation is truly saying on each matter. Because having the right information is always the first step, we are debunking these most common myths that healthcare organizations may not already know are false.
“IVR is more compliant and has less restrictions under the TCPA than texting.”
Outbound calls to a mobile phone have the same consent requirements as text, as well as additional regulations specific to opt-out.
“Gaining member consent not is the responsibility of the health plan, it is the responsibility of your healthcare engagement vendor.”
It is the responsibility of the health organizations to gain consent and select their opt-in strategy.
“CMS and other governing health agencies discourage health plans to text consumers.”
With proper safeguards in place, CMS encourages digital outreach to health consumers.
“Healthcare messages are always exempt.”
While some healthcare messages may be exempt, many still require consent. It’s crucial to know the difference between marketing and informational messages.
“If we’re contacting patients for important health reasons, TCPA doesn’t apply.”
Even if the communication is critical to patient health, the TCPA still applies. You need to ensure you’re following the proper guidelines for contacting patients, especially on their mobile phones.
By addressing these misconceptions, the webinar provided healthcare organizations with clarity on how to properly manage their patient communications.
Conclusion
While this blog covers the essentials of TCPA compliance, there’s much more to uncover! For an in-depth look at the most recent legal trends and expert insights on how to future-proof your business, check out our full webinar.
Stay compliant and protect your business! Discover how mPulse can help you navigate TCPA regulations with ease. Schedule a demo today and safeguard your communications strategy.
