Does your pharmacy or medical practice receive unsolicited faxes?

We are currently investigating a class action lawsuit under the Telephone Consumer Protection Act of 1991 (TCPA) — which limits marketing via fax transmissions. These abuses have risen significantly in recent years, but we now have advantages to stop these disruptive and expensive faxes with heightened enforcement of the TCPA; rules that make TCPA cases relatively easy for individuals to file; a requirement that plaintiffs show only that they received unsolicited faxes, not that they were damaged; and a U.S. Supreme Court decision allowing TCPA class actions to be brought in federal as well as state courts.

Virtually any business that contacts consumers using the technologies that fall under TCPA can be held accountable, regardless of industry or jurisdiction. Each call, text or fax deemed to be in violation translates to damages of $500 to $1,500.

When you receive an unsolicited fax, have your staff put it in a box and at the end of the month send it to Darren. He will then review it and let you know if you can be compensated. Again, this can amount to $500 to $1,500 per fax and we provide this service at no cost to you.

HIPAA Access to Medical Records

Under HIPAA a patient has the right to request and receive a copy of their medical, payment, and other records—Protected Health Information (PHI)—that providers and health plans use to make decisions about the patient. It doesn’t matter how old the PHI is, where it is kept, or where it originated. This includes clinical lab test reports and underlying information (https://www.healthit.gov/sites/default/files/2018-12/LeveragingHITtoPromotePatientAccess2.pdf)
 
Ultimately, the patient is now in charge of their health records. Their records are still protected for privacy and security. But now the patient has increased transparency and immediate access to their information, and they can choose how and when they want to access this information. They have the right to receive the information electronically and in their preferred form and format if the entity has the ability to readily do so.
 
There have been many new updates in this area under the federal HITECH and CURES acts allowing a patient to obtain their records for little to no cost. The old days of charging people a dollar a page for copying under State law are long gone.
 
If you need information on these news laws, feel free to call Darren.