What the Updated Telephone Consumer Protection Act Rules Mean for Health Care Messaging

On April 11, 2025, the Federal Communications Commission (FCC), the agency responsible for enforcing the Telephone Consumer Protection Act (TCPA), will be updating its consent revocation rules, reshaping the way health care organizations communicate with patients.

The new rules include a broader scope of opt-outs for automated messaging, a shorter timeframe for honoring opt-out requests, expanded language and methods for opt-outs, and a starting point to always opt-out of these communications. Although the new FCC rules aim to strengthen consumer control over automated communications, it is important that health care organizations can adapt to remain in compliance while also maintaining trust with and connection with members.

In this interview with The American Journal of Managed Care® (AJMC®), Bob Farrell, CEO at mPulse, the digital health care technology company, outlines how tech is redefining patient and member trust and ways that organizations can ensure commitment to quality and compliance by fostering more transparency, access to care, and personalized communication.

Bob Farrell, CEO of mPulse | Image credit: mPulse

AJMC: How do you see technology transforming the way health care organizations build and maintain trust with patients and members? What role does transparency play in strengthening that trust?

Farrell: The equation that creates trust between members and their health plan is expansive. These elements include protecting data, fair billing, service quality and value, tailored care support, and more. A consistent area that builds trust is transparent, personalized communication and engagement woven throughout these elements during the health care journey. Delivered well, these touchpoints establish a 2-way dialogue, ensuring health plans are providing tailored and meaningful touch points, while making sure members’ needs are being met.

To make this equation work, health plans can’t do it alone. Leveraging technology platforms that leverage data for tailored care plans ensures these entities remain compliant with federal laws and regulations, while allowing for impactful member communication with clarity, driving trust. Additionally, as these platforms utilize digital tools, such as SMS, email, and automated voice messaging, health care organizations can deliver timely and relevant information to patients to meet them where they are. This consistent and personalized communication helps build trust and keeps patients informed about their health.

According to recent mPulse data of over 1000 patients aged 18 and older, 42% of respondents said the No. 1 action that would build their trust with their provider is improved communication. In the same vein, poor and/or confusing communication (39%) include reasons for respondents to distrust their health insurance plan. By using omnichannel communication methods that enable 2-way engagement between members and their health plan for transparency around treatment options, possible outcomes, and next steps, members feel that they are partners in their care decisions rather than passive recipients of care. On the other end, health plans can understand member needs and respond appropriately and at scale. Technology is key in ensuring communication compliance, while driving enhanced engagement strategies.

AJMC: In an increasingly digital landscape, how can organizations ensure that their commitment to quality and compliance remains a priority? What technological innovations are helping to support these efforts?

Farrell: In today’s digital health care landscape, organizations must prioritize quality and compliance, making sure that technology enhances patient outcomes and upholds regulatory standards. Health plans and providers should work closely with technology platform partners to ensure understanding of legal frameworks and regulatory changes, and best practices for compliance, while simultaneously enhancing patient engagement. As an example, upcoming changes to the FCC’s updated TCPA consent revocation rules will take effect on April 11, 2025, and will reshape the way health care organizations communicate with patients and members.

Concerningly, according to mPulse’s recent data, 80% of respondents are unfamiliar with the upcoming changes the TCPA will have on health care communications, which could lead to many patients and members unwittingly opting out of critical health communications related to their health. Although these new rules are designed to strengthen consumer control over automated communications and provide greater transparency and protection, this also means health care organizations must rethink their engagement strategies to maintain foundational compliance without losing their ability to connect with their members. Organizations can work closely with technology partners to keep up with regulatory changes to remain compliant while delivering the highest standard of patient care.

AJMC: How can organizations leverage data and artificial intelligence (AI)-driven insights to tailor care journeys and provide more accessible, equitable health care?

Farrell: Data and AI-driven insights play a major role in tailoring care journeys for patients, ensuring more accessible and equitable care and outcomes. For example, Health Experience and Insights (HXI) technology that harnesses predictive analytics and connected digital experiences can convert unstructured data into organized, actionable insights and build comprehensive, longitudinal member profiles. This enables health care organizations to anticipate the needs of individuals throughout the consumer journey and launch optimal personalized digital experiences quickly and efficiently.

On a larger scale, advanced predictive models assess health risks and potential barriers across various populations, allowing for optimization of tailored interventions that address population-specific health challenges. AI-powered analytics allows organizations to deliver tailored digital content through multiple channels, ensuring that messages resonate with diverse patient populations, and encourages active participation in health management.

AJMC: Looking ahead, how do you envision the evolution of patient and member engagement through technology? What further advancements could improve transparency, access to care, and proactive communication?

Farrell: As patients continue to take an active role in their health care journey, HXI technology powered by AI provides broad enterprise capabilities that deliver better engagement and clinical outcomes for health plans and providers, while also improving operational efficiency. For example, machine learning and predictive AI have proven valuable across the health care ecosystem to support advanced personalization, and they are a foundational element of AI-powered enterprise engagement strategies.

Integrating natural language processing and generative AI (GenAI) with predictive analytics creates additional advantages, like identifying high-risk patients with specific needs across a whole range of health areas and then powering advanced orchestration to deliver the right mix of engagement programs to drive optimal outcomes across the breadth of patient needs.

Additionally, GenAI-powered virtual assistants can adapt responses dynamically for personalized conversations that provide multilingual support and improve accessibility for diverse patient populations.

Reference

Navigating the new FCC TCPA consent revocation rules: An in-depth guide for healthcare organizations. mPulse. March 13, 2025. Accessed April 4, 2025. https://mpulse.com/blog/navigating-the-new-fcc-tcpa-consent-revocation-rules-an-in-depth-guide-for-healthcare-organizations/