By: Christopher Parrella, Esq., CPC, CHC, CPCO
Parrella Health Law, Boston, MA
A Health Care Provider Defense and Compliance Firm

If you think robocalls are just a consumer nuisance, think again. State attorneys general across the country have launched a coordinated enforcement effort that is rapidly turning robocalls into a serious compliance and enforcement issue with direct implications for health care providers. More than 2.5 billion robocalls per month are hitting Americans this year, and regulators are no longer limiting their focus to obvious scam operations. They are now targeting the telecom infrastructure that carries these calls and by extension the businesses that benefit from them.

All 51 state attorneys general are now working together through the Anti-Robocall Litigation Task Force, alongside the FCC, under an initiative known as Operation Robocall Roundup. Over the past several months, the task force has warned dozens of voice service providers that they were failing to comply with FCC robocall mitigation requirements. Providers that failed to respond or failed to clean up their traffic were removed from the FCC’s Robocall Mitigation Database, effectively cutting them off from the national phone network.

Thirteen telecom companies have already been blocked entirely. Others were forced to terminate high risk customers or shut down suspicious traffic streams. Now the task force has shifted its focus to major national carriers that allegedly transmitted billions of scam calls, including calls impersonating Medicare, the Social Security Administration, the IRS, Amazon and Apple. Regulators are openly stating that large carriers have a heightened responsibility to monitor traffic and block illegal calls and they are no longer accepting excuses. Why this matters to health care providers is simple. Healthcare is one of the most heavily abused sectors in robocall campaigns. Regulators have already tied illegal robocall activity to extended warranty scams and health care product marketing and they are increasingly scrutinizing how health care services are marketed by phone. Providers that rely on call centers, third party marketing vendors, lead generators, VoIP platforms or offshore outreach teams are exposed whether they realize it or not.

The enforcement playbook is expanding. States have already permanently barred telecom executives from the industry, extracted attorney fee awards and pursued discovery heavy federal litigation against companies accused of facilitating illegal robocalls. The next logical step is to follow the money. When a provider benefits from illegal calling activity even indirectly regulators will ask what the provider knew, what controls were in place and whether the provider turned a blind eye to obvious red flags.

This is especially relevant for behavioral health providers, substance use disorder programs, DME suppliers, telehealth platforms, labs and specialty practices that depend on inbound calls for patient acquisition. Regulators do not care if the calls were placed by a vendor two layers removed from you. If your business model depends on aggressive phone outreach, you are expected to exercise meaningful oversight.

Here is the call to action. Providers should immediately audit their marketing and intake operations. Identify every vendor involved in phone based outreach or lead generation. Confirm that they comply with federal and state TCPA requirements and FCC robocall mitigation rules. Demand written assurances and documentation. Review call scripts and ensure they are accurate and non deceptive. Eliminate any performance based compensation tied to call volume or conversions that encourages abusive practices. And if you are using VoIP or call routing services, confirm that your carriers remain listed in the FCC Robocall Mitigation Database.

This enforcement wave is not slowing down. States have made robocalls a bipartisan priority and health care is squarely in the enforcement crosshairs. Providers that act now can reduce risk and protect their organizations. Those that wait may find themselves answering uncomfortable questions from regulators who are no longer willing to accept ignorance as a defense.

If you have any questions or comments about the subject of this blog or want help reviewing your marketing and call center compliance exposure, please contact Parrella Health Law at 857.328.0382 or Chris directly at cparrella@parrellahealthlaw.com.