To prevent service interruptions, carriers require a manual review of your website's legal disclosures prior to allowing Artera to send messages on your behalf. All customers using SMS/RCS must ensure that their Patient Consent form, Terms of Service, and Privacy Policies reflect how patient mobile numbers are collected, stored, and used. Specifically, the URL you provide to Artera for registration must contain the Opt-Out (STOP), Help (HELP), and No-Sharing disclosures exactly as outlined below. 

Required Updates to Privacy Policy and Terms of Service

(Required for all text messaging traffic)

To remain in compliance, please ensure your Privacy Policy and Terms of Service (available on your public-facing website and linked in the patient consent form) include the following:

Required Elements of Privacy Policy

1. Disclose how mobile numbers are collected and used.

2. Disclose that mobile numbers will not be sold or shared beyond service providers (e.g. those directly involved in delivering messages such as messaging vendors, telecom providers, etc.), and mobile numbers will not be used for unrelated marketing without consent.
   
   

Required Elements of Terms of Service Policy

Create a dedicated section for "Texting Terms" within an existing "Terms" policy (or create a separate standalone url for "Texting Terms of Service:) and describe the text messaging program description (e.g. enrolling in text messaging for the types of messages they will receive like appointment reminders, billing notices, care coordination, etc). Include the items below:

1. Inform patients of potential message frequency.

2. Inform patients of cost/message data rates.

3. Share carrier liability disclaimer.

4. Specify that messages may be sent via SMS and RCS, which are not fully secure.

5. Inform patients how they can opt out of receiving messages (e.g., replying “STOP”).

6. Inform patients how they can receive help (e.g. replying "HELP").

Below, we have provided sample patient consent, SMS terms of service, and privacy policy language for informational purposes only and, as mentioned above, this is not legal advice. Please reach out to your Customer Success Representative with questions or concerns.

Required Updates to Explicit Patient Consent

(Required for Branded Messaging/RCS; Recommended Best Practice for all standard SMS) 

To remain in compliance, ensure your teams are capturing the following in your patient consent form presented to the patient in the patient portal (or other format for current patients) and/or at patient intake (for new patients):

Required Elements of Patient Consent

Consent to text can be collected from patients in a few different ways, either via an existing form or dedicated form, verbally, or via text. However, the following requirements must be included regardless of which mechanism is used to gather consent:

• Provider name (e.g. Brand name)

• Program description

• Cost disclosure

• Message frequency disclosure

• Consent data will not be shared with any third parties for marketing or promotional purposes

• Opt out instructions (STOP)

• Help instructions (HELP)

• Links to Privacy Policy and Terms of Use

• Explicit opt in consent statement, check box, and patient name/signature, etc.

Required Elements of the "Welcome" Message

Once a patient opts in, a confirmation "welcome" text must be sent and include the following requirements:

• Provider name

• Cost disclosure

• Message frequency disclosure

• Opt out instructions (STOP)

• Help instructions (HELP)

NOTE: Some carriers (e.g. T-Mobile) require a confirmation "welcome" script to be sent after a patient opts into receiving texts. This is not currently the process for Artera customers. As a workaround, Artera can submit a sample confirmation script to the carriers while Artera works to address developing a permanent solution. No action is needed from customers at this time.

Sample SMS Terms of Service and Privacy Policy Language

This sample SMS terms of service and privacy policy language is provided for informational purposes only and does not constitute legal advice. You may choose to add a dedicated SMS/RCS Terms of Service section within your existing Terms of Service/Terms of Use policy or publish a separate standalone SMS Terms of Service policy on your website. Both are acceptable as long as the required elements are included. 

Artera makes no representations or warranties regarding the legal sufficiency of this language for your specific use case. You should consult with your own legal and compliance teams to ensure this language meets all applicable federal, state, and carrier requirements.

Sample Updated Privacy Policy Language

"We collect mobile phone numbers to communicate with patients via SMS and/or RCS text messages for purposes such as appointment reminders, billing notifications, and care coordination. Your privacy is a priority. Your mobile number will not be sold or shared with third parties or affiliates for marketing or promotional purposes.* We will not use your number for unrelated marketing without your express written consent."

NOTE: Your policy must explicitly state that mobile information is not shared for marketing. If your general Privacy Policy says you "may share data with partners," you must create a specific carve-out stating that this does not apply to mobile phone numbers/SMS consent data.

Sample Updated SMS Terms of Service Language

"[Provider Name] uses text messaging to communicate with patients for purposes such as appointment reminders, billing notifications, and care coordination. You are not required to opt in as a condition of receiving care. Participation is voluntary. However, opting out may prevent us from sending you timely updates regarding your care. Message frequency may vary. Message and data rates may apply.* 

Carriers are not liable for delayed or undelivered messages.

Text messages sent via SMS and RCS channels are not fully secure and may not be HIPAA-compliant; however, we take reasonable precautions to safeguard your privacy by restricting the content of these messages to non-sensitive notifications. Any messages containing detailed Protected Health Information (PHI) will be sent via a separate, secure messaging channel.

You may opt out of receiving text messages at any time by replying 'STOP.' You will receive a final confirmation text to verify you have opted out. No further messages will be sent. If you would like to rejoin, you can authorize us to restart by texting 'START'.

For help, reply 'HELP' or contact us at [patient support phone number] and/or [patient support email e.g. support@example.com]."

NOTE: The phrase “Message and data rates may apply” must be used verbatim. Carriers will automatically reject registrations that include the word "standard" (e.g. standard message rates) as this is flagged as an indicator of prohibited "premium-rate" messaging.

Sample SMS and RCS Patient Consent

This sample patient consent language is provided for informational purposes only and does not constitute legal advice. Artera makes no representations or warranties regarding the legal sufficiency of this language for your specific use case. You should consult with your own legal and compliance teams to ensure this language meets all applicable federal, state, and carrier requirements. This consent may be communicated to patients via an online portal or during intake.

Consent Mechanism Samples

Form: Sample Template

Verbal:

• Agent: "To better support your care, [Provider Name] would like to send you important updates and reminders by text message. Message and data rates may apply. Message frequency will vary. Carriers are not liable for delayed or undelivered messages. Your consent data will not be shared with third parties for marketing. Reply STOP anytime to opt out. Reply HELP from your mobile device for assistance. For more information on our SMS terms and privacy policies, please visit our website at [add terms link] and [add privacy link]. Do we have your permission to send you text messages related to updates and reminders? Please respond 'Yes' if you agree."

• Patient: "Yes"

• Agent: "Thank you for confirming, we will send you a text message confirming enrollment into the program."

Text:

"[Provider Name] would like to share appointment reminders and important health updates with you via text. Message and data rates may apply; message frequency may vary. Carriers are not liable for delayed or undelivered messages. You can opt-out at any time by replying 'STOP', or text 'HELP' for assistance. For more details, please review our terms of use and privacy policy at [Link to Policies]. Please respond 'Yes' to opt in."

"Welcome" Text Sample:

"Welcome to [Provider Name] text communications. Msg & data rates may apply. Message frequency varies. You can text 'STOP' at any time to opt out. Text 'HELP' for help."