TMA has joined the American Medical Association and 25 other
medical associations in objecting to defining physicians as
creditors, thus making them subject to the Federal Trade
Commission's (FTC's)
regulations
[
PDF
] that would require them to develop written identity theft
prevention programs.
The FTC says physicians who regularly bill their patients for
services (including copayments and coinsurance) are creditors and
must develop and implement written identity theft prevention
programs for their practices by May 1. The programs must identify
and respond to "patterns, practices, or specific activities - known
as 'red flags' - that could indicate identity theft," the FTC
says.
In a letter to the FTC, TMA and others expressed several
concerns. They include defining physicians as creditors, as well as
the overlap between this rule and other regulatory requirements
already imposed on physicians such as the Health Insurance
Portability and Accountability Act regulations. They also say the
FTC failed to comply with the Administrative Procedure Act (APA),
which requires the FTC to explain its regulatory proposals and give
the public notice and a chance to comment.
"Finally, given our nation's current economic crisis, imposing
this unjustified, unfunded mandate on physicians, especially small
physician practices that account for 80 percent of outpatient
visits, could have serious adverse consequences on patients' access
to our health care delivery system and services," the letter
says. The groups urged the FTC to withhold any plans to apply the
rule to physicians until it complies with the APA and publishes a
new rule and allows physicians to comment. Until further notice,
however, physicians should begin plans for their compliance
programs.
TMA will hold a Learn @ Lunch audio conference on Thursday,
April 16, from 11:45 am to 1 pm. This program will review red-flag
rule regulations and offer practical tools such as action plans,
policies and procedures, and implementation techniques to assist
physicians with compliance. One $50 registration fee will train
your entire staff.
If you are unable to attend the audio conference, a session on
the red-flag rules will be held during
TexMed 2009
in Austin on May 1, from 2:30 to 3:30 pm. TexMed 2009 is a free
member benefit, and medical office support staff may attend for $75
.
For more information about the audio conference or the TexMed
presentation, e-mail
Shanan Anderson
or call her at (800) 880-1300, ext. 1419, or (512)
370-1419.
TMA will continue to update and advocate on your behalf as it
hears more from the FTC on its interpretation of this rule and any
health care specific guidance. Look for free sample policies
and procedures on the TMA Web site after April 16.
Action
, March 2, 2009