FTC Temporarily Exempts Docs from Red Flag Rule
The Federal Trade Commission (FTC) has agreed to temporarily exempt physicians from the commissionâs "red flags" rule, pending a ruling from the U.S. Court of Appeals over the ruleâs scope. The red flags rule requires financial institutions and âcreditorsâ to implement identity theft detection and prevention programs. Despite objections from the CMA, AMA and others in organized medicine, the FTC insists that physicians who regularly bill their patients for services (including copayments and coinsurance) are considered "creditors". AMA filed a lawsuit to stop the FTC from extending its red flags rule to physicians. The court has already barred the FTC from applying the red flags rule to attorneys in response to a similar complaint from the American Bar Association. The FTC has appealed that decision.
To assist ACCMA members with compliance in the event that the FTC lifts the exemption for physicians, the ACCMA has created an online "FTC Red Flag Rule Compliance Resource Center", which includes a detailed discussion of the Red Flag Rule, its application to physicians, compliance guidance, and links to a number of helpful resources, including the CMA's "Red Flag Rule Toolkit," which contains sample language for identity theft program policies.