'lanitcd ~tatcs ~cnatc The Honorable Ajit Pai Chairman Federal Communications Commission 445 12111 Street Southwest Washington, D.C. 20554-0004 Dear Chairman Pai: WASHINGTON, DC 20510 November 3, 2017 We write to express our suppmt for a petition filed with the Federal Communications Commission (FCC) in July 2016 by a group of healthcare industry companies. These companies seek a clarification of the FCC's 2015 interpretation of the Telephone Consumer Protection Act ("TCP A") related to the treatment of health care-related outreach to consumers. These companies asked the FCC to harmonize its interpretation of TCP A with the consumer protection provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIP AA") to ensure that both laws are interpreted to treat consumer telephone numbers the same way. As part of their services to consumers these companies provide impmtant medical and treatment information to patients using text messaging and customized automated telephone calls, and we understand that these types of communications have been shown to improve patient outcomes. Without the ability to make these calls, there is a risk that patients' , members' , and beneficiaries ' health outcomes and overall well-being could be adversely impacted. We share the goal of reducing unwarranted and harassing phone calls. But we believe that the TCPA was not intended to limit the health care-improving communications that these companies provide, especially in light of the fact that HIP AA expressly encourages and permits such calls to be made. Time is of the essence to ensure that consumer's access to health care information is not jeopardized. We encourage the FCC to resolve these issues as soon as possible (preferably within the next 90 days) and to protect communications allowed under HIP AA in light of their unique value to consumers and their positive impact on American's health and well-being. Sincerely, Bill Nelson United States Senator 929