The Federal Communications Commission (FCC) allows two exemptions under the Telephone Consumer Protection Act (TCPA) for healthcare providers.
Healthcare Messages (The “Health Care Rule”)
Healthcare providers are allowed to make calls to residential landlines from an entity covered by the Health Insurance Portability and Accountability Act (HIPAA), including its business associates, using an artificial or prerecorded message to deliver a healthcare-related message without the consent of the called party.
Calls and texts to cell phones using an Automatic Telephone Dialing System (ATDS) or artificial prerecorded voice that deliver a healthcare-related message are subject to the TCPA, but only require prior express consent, rather than the normally required prior express written consent.
Healthcare Treatment Purpose Exemption
Healthcare providers are allowed to place autodialed and artificial prerecorded voice and text messages to cell phones without consent in order to convey “healthcare messages” as defined by HIPAA.