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The American Association of Healthcare Administrative Management (AAHAM) Celebrates Decision Focused on Prior Express Consent


The American Association of Healthcare Administrative Management (AAHAM) Celebrates Decision Focused on Prior Express Consent

Date Posted: Monday, February 22, 2016

 

AAHAM celebrates a decision made by the Sixth Circuit, issued in the Baisden case regarding prior express consent. The Telephone Consumer Protection Act (TCPA) makes it unlawful for individuals to call cell phone numbers using an automated dialing system without the recipient's prior express consent. 47 U.S.C. § 227(b)(1)(A)(iii). The plaintiffs' assert that a collections company, conducting business on behalf of a hospital, violated the TCPA when there were debt collections calls placed to their cell phone numbers.

As part of the admissions process, individuals sign patient consent and authorization forms covering release of information and a notice of privacy practices. The defendants' maintain that as a result of the individuals personally providing cell phone numbers to the hospital, they indeed have given their prior express consent to receive calls and consequently did not breach the TCPA as interpreted by the Federal Communications Commission (FCC). The district court summary in support of the defendant can be found at: http://law.justia.com/cases/federal/appellate-courts/ca6/15-3411/15-3411-2016-02-12.html

In short, the court substantiated that consent obtained by a healthcare provider can be applied to payment calls from third parties in certain contexts. In addition, it looked to disclosures provided individuals at the time the consent was obtained to determine the scope of consent, underscoring the need to have robust disclosures in place on intake forms.

ABOUT AAHAM
The American Association of Healthcare Administrative Management (AAHAM) is a national professional association of thirty-one chapters and over 3200 healthcare patient financial services professionals from hospitals, clinics, billing offices, allied vendors, physicians and multi physician groups.   AAHAM members direct the activities of the thousands of people who are employed in the healthcare industry. 

AAHAM is the preeminent professional organization for revenue cycle professionals and is known for its prestigious certification and educational programs; professional development of its members is one of the primary goals of the association. AAHAM is also recognized for its quarterly journal, The Journal of Healthcare Administrative Management and its Annual National Institute, held each fall.  AAHAM actively represents the interests of healthcare administrative management professionals through a comprehensive program of legislative and regulatory monitoring and its participation in industry groups such as ANSI, DISA and NUBC. AAHAM is a major force in shaping the future of healthcare administrative management.

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