Update on FTC’s Identity Theft Red Flag Regulations: Address Discrepancy Rule and Identity Theft Prevention Rule as They Apply to Health Care Providers

This Client Alert, written by Debra L. Hutchings, Paul J. Bond and Carol C. Loepere, updates information received from the Federal Trade Commission (“FTC”) concerning application of its Address Discrepancy and Red Flag rules aimed at combating identity theft as they apply to health care providers and suppliers. As reported previously these rules, collectively known as the Red Flag Regulations, 16 C.F.R. § 681.1 et seq. (“Red Flag Regulations”), apply to users of consumer reports and “creditors,” which may include many participants in the health care industry.

Past posts on this subject describe the FTC’s decision to delay enforcement of a portion of the regulations and our initial discussion of the implications of the FTC’s Red Flag Regulations for health care providers.