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The AAHAM Legislative Currents are hosted here.  In order to read them, you will need to be logged in.

Thursday, June 3, 2021

AAHAM Files Brief to Seek Rehearing of 11th Circuit Court Decision


In order to directly protect the interests of AAHAM’s members and corporate partners, this week AAHAM filed an amicus curiae (friend of the court) brief seeking a rehearing of the 11th circuit court Hunstein case. This is the most direct and immediate step available to combat this decision and is the best mechanism AAHAM could utilize to continue to defend and support our entire membership related to this ruling.

As you have heard by now, the 11th Circuit Court of Appeals issued a recent ruling overturning a long-standing statute when it comes third-party handling of personal information. The Court ruled that those patients could sue a Patient Financial Advocate for sending a patient’s personal information to a third-party. This ruling overturns a long-established statute which allows this commonsense professional standard. The recent 11th Circuit decision in Hunstein, if left to stand, will have a tremendously negative impact on both AAHAM’s corporate partners and on the revenue cycle community that relies heavily on them. In essence, it held that a hospital creditor violates the Federal Fair Debt Collection Practices Act (FDCPA) by communicating private debtor information to a third party without the debtor’s consent. The information communicated was standard identifying information about the debtor and the debt sent to the letter vendor on behalf of the hospital to collect the debt.

There is no set time period within which the court must rule, but as soon as it does, AAHAM will provide an update to our membership. Please contact our AAHAM Legislative Liaison Paul Miller at pmiller@mwcapitol.com with any questions related to this.

Lori Sickelbaugh, CRCE
AAHAM National President

Kenny Koerner, CRCE
AAHAM 2nd Vice President

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