FCC Provides Guidance for Critical Health Care Calls and Text Messages Amid Medicaid Enrollment Changes

The Federal Communications Commission has issued guidance to federal and state governmental agencies, as well as their partners, to enable them to make Medicaid enrollment calls and send text messages without violating robocall and robotext prohibitions. This Declaratory Ruling responds to a letter from U.S. Department of Health and Human Services Secretary Xavier Becerra and will ensure millions of Americans can receive the information they need to maintain enrollment in Medicaid and other governmental health care programs. As a result of the federal health care policies implemented in response to the COVID-19 pandemic, there has been a substantial increase in participation in Medicaid and other governmental health care programs. However, the Consolidated Appropriations Act allows states to resume Medicaid disenrollments starting April 1, 2023, necessitating that state agencies and their partners reach large numbers of enrollees with information about retaining their enrollment.

Key Takeaways:

• The FCC's Declaratory Ruling provides guidance to federal and state governmental agencies, as well as their partners, on making Medicaid enrollment calls and sending text messages without violating robocall and robotext prohibitions.
• The Declaratory Ruling responds to a letter from U.S. Department of Health and Human Services Secretary Xavier Becerra and aims to ensure millions of Americans receive necessary information to maintain Medicaid enrollment.
• The federal health care policies implemented in response to the COVID-19 pandemic led to a significant increase in participation in Medicaid and other governmental health care programs.
• The Consolidated Appropriations Act allows states to resume Medicaid disenrollments starting April 1, 2023, requiring state agencies and their partners to reach large numbers of enrollees with information about retaining their enrollment.
• The FCC confirmed that enrollees' provision of a telephone number on an application for coverage in Medicaid or other government health care programs constitutes prior express consent to be contacted at that number regarding enrollment eligibility.
• The FCC sought public comment and reviewed the record generated before issuing the Declaratory Ruling.
• The Declaratory Ruling clarifies how federal and state governmental agencies, working in conjunction with local governments, governmental contractors, and managed care entities, can make autodialed and prerecorded or artificial voice calls or send autodialed text messages to raise awareness of eligibility and enrollment requirements for governmental health care programs.

Statistics:

• Millions of Americans will receive essential information to maintain Medicaid enrollment.
• Since the COVID-19 pandemic, there has been a substantial increase in participation in Medicaid and other governmental health care programs.
• Medicaid disenrollments will resume on April 1, 2023, according to the Consolidated Appropriations Act.

Sources:

• Federal Communications Commission
• Federal Communications Commission (FCC) Press Release (January 23, 2023)
• Consolidated Appropriations Act
• U.S. Department of Health and Human Services (HHS)