Late last month, the Department of Health and Human Services (HHS) wrote an open letter to the Federal Communications Commission (FCC) requesting clarification on Telephone Consumer Protection Act (TCPA) rules with regards to healthcare-related messages. Specifically, HHS is inquiring about “text messages and automated, pre-recorded calls [that] would be made to encourage those individuals to follow-up with their state Medicaid program, Children’s Health Insurance Program (CHIP), Basic Health Program (BHP), or Health Insurance Marketplace (Marketplace) regarding their health coverage enrollment.”

HHS is requesting that the FCC confirm HHS’s understanding that the individuals who make these calls and texts would be immune from lawsuits under the TCPA, including state and federal government employees, state and federal government contractors, local government employees, and managed care entities and their parent companies. 

The FCC is seeking public comment on this request. Comments are due on May 17 and reply comments are due on May 24.