Healthcare Providers Receive FTC Red Flags Exemption from Congress

HIPAA.com has covered the provisions of the Federal Trade Commission (FTC) Red Flags Rule in earlier postings.  Congressional action now exempts healthcare providers from compliance with the provisions of the Red Flags Rule. On Tuesday, December 7, the House by voice vote joined the Senate in passage of S.3987, the Red Flag Program Clarification Act of 2010.  On November 30, 2010, the Senate passed this legislation by unanimous consent.  The bill has been cleared to the White House for signature. The following information from the Library of Congress summarizes S 3987 (see http://thomas.loc.gov): “Amends the Fair Credit Reporting Act, with respect to federal agency (red flag) guidelines regarding identity theft…

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FTC Delays Enforcement of FTC Red Flags Rule Fifth Time

The original FTC Red Flags Rule compliance date deadline was extended three times from the original date of November 1, 2008, with an expected compliance date of November 1, 2009.  Just prior to that date, the FTC extended for the fourth time the deadline for compliance to June 1, 2010.  On May 28, 2010, the June 1, 2010, compliance date was extended a fifth time to December 31, 2010[1]: “At the request of several Members of Congress, the Federal Trade Commission is further delaying enforcement of the ‘Red Flags’ Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule.  Today’s…

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FTC Delays “Red Flags” Rule for Third Time

The Federal Trade Commission announced a third delay, from August 1, 2009, to November 1, 2009, for compliance with the identity theft prevention red flags rule. The delay is for another three months.  Compliance originally was scheduled for November 1, 2008, then delayed the first time until May 1, 2009.  Entities affected are creditors and financial institutions. Healthcare providers that extend delayed payment plans to patients are deemed “creditors” under the red flags rule. This delay was to give affected entities more time to develop and implement written identity theft prevention policies and procedures for compliance with the rule, which is based on enabling regulations of provisions in the Fair and Accurate…

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FTC Delays Identity Theft Prevention Red Flags Rule for Second Time

The Federal Trade Commission announced a second delay on Friday, May 1, 2009, for compliance with the identity theft prevention red flags rule. The delay is for three months, with compliance now scheduled for August 1, 2009. Entities affected are creditors and financial institutions. Healthcare providers that extend delayed payment plans to patients are deemed “creditors” under the red flags rule. This delay was to give affected entities more time to develop and implement written identity theft prevention policies and procedures for compliance with the rule, which is based on enabling regulations of provisions in the Fair and Accurate Credit Transactions Act of 2003. You can visit the FTC website…

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