HFMA joined with ACA International to develop a task force to establish comprehensive guidelines for the fair resolution of patient medical debt. The report they developed, released last week, touches on best practices for each step of the patient journey, from billing and communications to transparency and policy development. Of all of the valuable insights outlined in the report, the portion on consent language is especially valuable due to the increased engagement in digital channels we have seen since the onset of COVID-19.
Obtaining consent for the various communication channels is not only required for compliance purposes but also, respecting communication preferences is an essential part of creating a good patient experience. It is imperative that consent language takes into account any possible outcome during the life of the patient’s account, whether it may be moved to a third-party billing or collection partner, or the patient chooses to disengage from one medium or change their preference.
The report includes sample language for a consent to contact agreement. Two of the most important elements in the agreement are 1) granting permission to not only the healthcare provider which originated the account, but also “its agents, assignees, and contractors (which include third-party debt collectors)” and, 2) specifying all of the potential channels which could be used for communication. In the sample agreement, permissions for communication channels are worded as follows:
(1) to contact me by phone at any number associated with me, if provided by me or another person on my behalf; (2) to leave messages for me and include in any such messages amounts owed by me; (3) to send me a text message or emails using any email address I provided or any phone number associated with me if provided by me or another person on my behalf; and (4) to use prerecorded/artificial voice messages and/or an automated telephone dialing system (an autodialer) as defined by the Telephone Consumer Protection Act in connection with any communications made to me as provided herein or any related scheduled services and my account.
The agreement also includes language which the patient verifies that any contact information they provide is understood to be private, that is available for transmitting information without conflicting with the TCPA or FDCPA. Patients are also responsible for updating their contact information to avoid any potential breaches in compliance or privacy. As well as the understanding that communication attempts made to a cellular number will be made according to the time zone assigned to that number.
To ensure the most effective service for our clients, we recommend some additions to the sample agreement from the report. The additions actually came from the consent language of one of our current health system clients. One change was to facilitate the potential need for future skip tracing efforts. We recommend modifying the language to specify that the contact information associated with the patient does not need to be provided by the patient themselves. This removes any limitations on email or phone numbers which would be obtained through a data vendor. We also propose that a provision be added which outlines the patient’s understanding that communications could cause them to incur charges from their cell phone provider and may not be encrypted.
In order for billing and collection partners to best serve health systems and their patients, it’s imperative that consent agreements are established early in the patient journey. View the new report from HFMA and ACA International; “Best Practices for the Resolution of Patient Accounts.” As one of only five HFMA Peer Reviewed* agencies we follow their recommendations closely and are excited they release guidelines like these. If you would like to discuss your current consent agreement or receive a copy of Professional Credit’s recommended consent language, contact our client success department at custsvc@professionalcredit.com.
This blog for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular question or issue.
*HFMA staff and volunteers determined that these healthcare business solutions have met specific criteria developed under the HFMA Peer Review process. HFMA does not endorse or guarantee the use of these healthcare business
solutions or that any results will be obtained.