HHS and CMS requests FCC Opinion on the Telephone Consumer Protection Act to Assist States with the Eventual Return to Normal Eligibility Determination Operations

View in browser | Distributed by Center for Medicaid and CHIP Services (CMCS) On May 3rd, the Federal Communications Commission (FCC) opened a public comment period for feedback on a letter that Department of Health and Human Services Secretary Becerra and Centers for Medicare & Medicaid Services Administrator Brooks-LaSure submitted requesting the FCC’s opinion on the use of text messages and automated calls to beneficiaries as states resume regular operations at the end of the COVID-19 Public Health Emergency (PHE).  This request is the latest of the many actions that HHS and CMS have taken to ensure that states are prepared for the return to normal Medicaid and Children’s Health Insurance Program (CHIP) eligibility operations when the PHE comes to an end. Specifically, this request asks for the FCC’s opinion regarding whether text messages and automated pre-recorded telephone calls to individuals’ cell phones with reminders to update their contact information, return their renewal forms, and follow up with the Marketplace if their enrollment needs to transition, are permissible under the Telephone Consumer Protection Act (TCPA).  With Medicaid and CHIP enrollment rising to over 86 million enrollees, as of January 2022, it is important to ensure state agencies have the tools and guidance that they will need to communicate effectively with enrollees.  You can view the letter here: https://www.fcc.gov/ecfs/search/search-filings/filing/10429695829926

 

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