The FCC announces compliance date for new requirements
July 19, 2023
Impact: Prime clients that have opted to have Prime perform call or text campaigns related to missed refills or medication therapy management
On January 20, 2023, the Federal Communication Commission (FCC) announced the compliance date of July 20, 2023 for new requirements regarding calls to a residential number that are otherwise exempt from the Telephone Consumer Protection Act (TCPA). The requirements were detailed in the FCC’s (i) Report and Order FCC-20-186 and (ii) Order on Reconsideration and Declaratory Ruling FCC-22-100 and issued amendments to 47 CFR §§ 64.1200 (a)(1)(iv), (a)(3)(ii) through (v), (a)(9)(i)-(iv), (b)(2), (b)(3), and (d).
Prime has autodialed and pre-recorded calling campaigns that deliver a healthcare message, which are subject to these requirements. Those campaigns are the following:
- Autodialed and pre-recorded missed refill notification call and/or text (Missed Refill).
- Autodialed and pre-recorded medication therapy management (MTM) call and/or text.
The Missed Refill and MTM campaigns either currently comply with the new requirements or have an action plan for compliance.
No action is required from Prime clients at this time, but your Prime Health Plan Markets representative may reach out to you for more information.
Prime obtains prior express consent from members in the following manner:
- Cell phone: Consent is obtained from members when they call Prime’s contact center and Prime’s member portal, MyPrime, where members can provide their calling preferences and consent for Prime to call them using an automated or prerecording call or text message.
- Residential: Consent is obtained when Prime receives the member’s residential phone number from the Client prior to calling any residential line using an artificial or prerecorded voice to deliver a health care message.[1]
Since Prime obtains prior express consent for residential lines, the updates to 47 CFR §§ 64.1200(a)(1)(iv), 47 CFR §§ 64.1200(a)(3), and 47 CFR §§ 64.1200(a)(9)(A)-(F) found in the new requirements are not applicable to Prime.
Please note that not all Clients have Prime perform these call and/or text campaigns on their behalf. If you have any questions around whether Prime performs these services, please reach out to your Health Plan Market representative for further discussion.
Prime’s Privacy Regulatory Change Management (“PRCM”) team has an established review process of applicable provisions for impact to Prime’s operations. For further detail of Prime’s review and associated action plans, as applicable, please refer to this document.