Contacting patients is essential to both the success of your patients’ care and the success of your business. Strong communication with patients will help strengthen the patient/provider bond by keeping them updated with clinical and promotional information. While masterminding your strategy for patient communication, remember that part of developing effective lines of communication means understanding the limitations. Though Medicare is now encouraging providers to maintain regular contact with patients regarding supplies/refills, it is easy to be confused by the “do’s and dont’s.”
For example, a section of the Social Security Act prohibits unsolicited telephone contact by suppliers. One of three conditions must be met in order to contact a Medicare patient by phone. Section 1834 (a)(17)(a) of the Social Security Act states:
(A) In general—A supplier of a covered item under this subsection may not contact an individual enrolled under this part by telephone regarding the furnishing of a covered item to the individual unless one of the following applies:
For example, a section of the Social Security Act prohibits unsolicited telephone contact by suppliers. One of three conditions must be met in order to contact a Medicare patient by phone. Section 1834 (a)(17)(a) of the Social Security Act states:
(A) In general—A supplier of a covered item under this subsection may not contact an individual enrolled under this part by telephone regarding the furnishing of a covered item to the individual unless one of the following applies:
1. The individual has given written permission to the supplier to make contact by telephone regarding the furnishing of a covered item.
2. The supplier has furnished a covered item to the individual and the supplier is contacting the individual only regarding the furnishing of such covered item.
3. If the contact is regarding the furnishing of a covered item other than a covered item already furnished to the individual, the supplier has furnished at least one covered item to the individual during the 15-month period preceding the date on which the supplier makes such contact.
Common sense may tell us that being a patient implies consent to be contacted by you, however, the law is not so black and white. As far as I am concerned, requirement number one, listed above, is the simplest way to avoid potential pitfalls when calling patients: get their consent.
The single best way to get patient consent is to just ask. When new patients come to you, have them fill out a consent form. Let them know how they will benefit from communication with their health care provider and assure them their contact information is secure. Existing patients can be asked to complete the form upon their next visit, the same way insurance information is updated. By openly collecting contact information and consent, you not only meet the Medicare requirements, you also take the first step to building patient trust and communication.
If you have any questions about how to contact patients or need help putting a consent form together, please send an email and I will be happy to talk with you!
P.S. There are also federal guidelines about contacting people through email. These guidelines apply to everyone, not just Medicare patients, but the solution is the same: Get consent.
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