These policies address the standard rules for use of WELL’s services and the WELL Messaging & Patient Engagement Platform. By using WELL’s services you agree to the following rules:
1. Addressable Population
The WELL Platform may only be used to communicate with patients who have provided prior express consent with the healthcare provider (the “Customer”). Provision of a phone number, including on an intake form, is sufficient, so long as the communications are within the scope of the consent given, and absent instructions to the contrary. 30 FCC Rcd. 7961, 8029 (2015). Customer may not communicate with patients under the age of 13 unless Customer has obtained verifiable consent from such patient’s parents and otherwise complied with the requirements of the Children’s Online Privacy Protection Act.
2. Permitted Communications
The scope of communications initiated on WELL “must be closely related to the purpose for which the telephone number was originally provided.” By way of example only, “if a patient provided his phone number upon admission to a hospital for scheduled surgery, then [communications] pertaining to that surgery or follow-up procedures for that surgery would be closely related to the purpose for which the telephone number was originally provided.” 30 FCC Rcd. at 8029 fn. 474. Further, when relying on “prior express consent,” Customer warrants that all communications will be “health care” related, and within the following scope: Appointments and exams; Confirmations and reminders; Wellness checkups; Hospital pre-registration instructions; Pre-operative instructions; Lab results; Post-discharge follow-up intended to prevent readmission; Prescription notifications; and Home healthcare instructions. Customer may expand the scope of communications beyond this list only when prior express written consent has been provided from the patient to the Customer.
3. Prohibited Communications
WELL may not be used to send messages that include (1) telemarketing, which is defined under the Telephone Consumer Protection Act (“TCPA”) as “the initiation of a [text message] for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services” (47 U.S.C. § 227(a)(4)); or (2) advertising, which is defined under the TCPA as “any material advertising the commercial availability or quality of any property, goods, or services” (47 U.S.C. § 227(a)(5)). WELL also may not be used to access or connect with emergency services personnel or public safety answering points such as text-to-911 or E911. Further, Customer is required to obtain prior express written consent for transmission of messages related to: Billing; Readmission; and Promotions or any other form of marketing.
4. Protected Health Information
Customer agrees to send all messages in the default “secure” setting (whereby the contents are encrypted and sent to the patient in a secure link, and can only be read after authentication by the recipient). “Unsecure messages” may only be used in cases where messages do not contain personal identifiable information (PII).
Date last modified: 8/9/18