Dec 062015
 December 6, 2015  Court, Healthcare, Laws

I didn’t know about this case, but based on what I’m reading in this article by and

Michael Daly and John Yi of  Drinker Biddle & Reath LLP, I suspect I agree with Rite Aid:

On November 25th, petitioner Rite Aid Hdqrtrs. Corp. (“Rite Aid”) filed its opening brief in the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order (the “Order”) in the United States Court of Appeals for the District of Columbia Circuit. See ACA Int’l, et al. v. FCC, No. 15-1211 (D.C. Cir.). Although Rite Aid supports the opening brief filed by the joint petitioners on the same day, it obtained permission to file a short separate brief focusing on the healthcare-related portions of the Order. (Whereas the joint petitioners’ opening brief was limited to 12,5000 words, Rite Aid’s opening brief was limited to 2,500 words.)

Rite Aid explained that it “cares for millions of patients through approximately 4,600 stores in over 30 States,” that it “communicates with its patients via phone and text concerning, among other things, prescription refills and immunizations,” and that “all communications regarding protected health information” are regulated under HIPAA, which “specifically exempts these communications from its definition of marketing.” Brief at 1, 3. Because these communications have nevertheless been the target of TCPA litigation, Rite Aid asked the FCC to clarify that “its communications do not trigger TCPA liability – as seemed clear from existing regulations.” Id. at 2. Rite Aid contends that, instead of providing clarity, “the Commission adopted a patchwork of standards for healthcare communications that will sow confusion, fuel more litigation against providers, and chill communications uniformly recognized to improve clinical outcomes and public health.” Id.

Read more on JDSupra.


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