On January 23, 2023, the FCC issued a Declaratory Ruling that federal and state governments, as well as their partners (including managed care plans), can make Medicaid enrollment calls and text messages without violating robocall and robotext restrictions in the Telephone Consumer Protection Act. The ruling was in response to a letter from DHHS Secretary Xavier Becerra requesting such guidance in advance of the conclusion of the suspension of Medicaid disenrollments during the COVID-19 pandemic.
The Consolidated Appropriations Act, 2023 allows states to resume Medicaid redeterminations beginning April 1, 2023. The Declaratory Ruling allows federal and state government agencies, government contractors, and managed care plans to make autodialed and prerecorded or artificial voice calls or send autodialed text messages to raise awareness of eligibility and enrollment requirements. The FCC's ruling confirmed that an enrollee’s inclusion of a telephone number on a Medicaid coverage or other government program application constitutes prior express consent to be contacted at that number regarding enrollment eligibility.