How the Federal Trade Commission Defined Physicians as "Creditors" Under the "Red Flags" Rule
Bruce D. Armon, a Partner in the Health Law Practice Group, wrote this article about the delayed implementation of the "red flags" rule. It was easy for the rule to fly under the proverbial radar screen of physicians and practices because it was passed by the Federal Trade Commission, a federal agency that traditionally has no oversight of physician activities.
The rule, initially scheduled to go into effect May 1, 2009, will take effect August 1, 2009. At that time, Armon says, physicians and physician practices will have to develop and maintain an identity theft prevention program to comply with the red flags rule.