FTC DEEMS MEDICAL PRACTICES ARE
CREDITORS
RED FLAG RULES for Physician
Practices
What does this mean and how will this impact my
practice?
In November, 2007, The Federal Trade Commission (FTC) along with the federal bank
regulatory agencies and the National Credit Union Administration published a notice of final rule-making in the Federal Register finalizing the
Identify Theft Red Flags Transactions Act (FACTA). This act requires financial institutions and creditors to develop and
implement a written "identity theft prevention program."
Under FACTA, the term "creditor" is defined as any entity that
regularly extends, renews or continues credit; regularly arranges for the extension, renewal or continuation of credit or any assignee of an original
creditor. Bottom line - "Any person providing service or product for which the consumer pays after delivery is a creditor." The initial
implementation date for this ruling was November 2008. Due to pressure from the AMA and other healthcare organizations the FTC has agreed to a
suspension of enforcement until May 1, 2009. The FTC has not changed its position on the broad reach of the rule "Creditors are defined
to include any service provider (such as a physician practice) that does not get paid at time of service." Also, a "covered account" is
any patient account that involves information that is vulnerable to identity theft such as social security numbers.
Learn more about FACTA and the Red Flags to look out for . . .