Sorenson
The Department of Health and Human Services’ Office for Civil Rights (“OCR”) has issued guidance that specifically addresses whether a Telecommunications Relay Service (“TRS”) Provider, such as CaptionCall is required to enter into a business associate agreement with a health care provider or other HIPAA covered entity. OCR has concluded that “a business associate contract is not required” when a covered health care provider and a patient communicate through TRS. No business associate agreement is required because the TRS [provider]
CaptionCall also is not a “business associate” when it accepts a certification for a new user. First, the certification generally will be transmitted to CaptionCall pursuant to the express, written consent of the patient, which likely eliminates the need for a business associate agreement. Even if that is not the case, CaptionCall is not receiving patient information or providing service “on behalf of” that provider, nor is it providing services—such as accounting, administrative, or legal work—to the covered provider. Instead, CaptionCall is receiving patient information in order to provide relay services to the patient. Thus, no business associate agreement is required solely because CaptionCall receives a certification from a covered provider.
CaptionCall
The Department of Health and Human Services’ Office for Civil Rights (“OCR”) has issued guidance that specifically addresses whether a Telecommunications Relay Service (“TRS”) Provider, such as CaptionCall is required to enter into a business associate agreement with a health care provider or other HIPAA covered entity. OCR has concluded that “a business associate contract is not required” when a covered health care provider and a patient communicate through TRS. No business associate agreement is required because the TRS [provider]
CaptionCall also is not a “business associate” when it accepts a certification for a new user. First, the certification generally will be transmitted to CaptionCall pursuant to the express, written consent of the patient, which likely eliminates the need for a business associate agreement. Even if that is not the case, CaptionCall is not receiving patient information or providing service “on behalf of” that provider, nor is it providing services—such as accounting, administrative, or legal work—to the covered provider. Instead, CaptionCall is receiving patient information in order to provide relay services to the patient. Thus, no business associate agreement is required solely because CaptionCall receives a certification from a covered provider.
Standard Character Mark – Trademark
Serial Number: 77878980
Registration Number: 4140422
Design Mark – Spiral Mark
Serial Number: 77875706
Registration Number: 3920903
Standard Character Mark – Service Mark
Serial Number: 77092309
Registration Number: 3525999
SilkScroll – Service Mark
Serial Number: 85612500
Registration Number: 4506008
Life is Calling – Trademark and Service Mark
Serial Number: 77875712
Registration Number: 3932140
VoIP calls to 911 may be limited or unavailable in scenarios that include but are not limited to the following:
- During a power outage or when your broadband Internet service or wireless service is unavailable or interrupted
- Cancelled, suspended, or terminated broadband internet service or wireless service OR cancelled, suspended, restricted, or terminated use of the CaptionCall mobile application or service.
- A software, mobile device, or tablet malfunction or an uncharged or dead handset battery.
CaptionCall cannot determine your location automatically when you dial 911.
- Some 911 call centers do not accept automatic location information of any kind. If you reach a Public Safety Answering Point that offers only basic 911, you must be prepared to provide your location to the call taker.
- Some 911 call centers provide enhanced 911 service, which allows them to obtain location and call-back information for 911 call takers automatically. Because CaptionCall cannot determine your actual location, it will provide your registered Emergency Calling Service address to these call centers. If you call 911 using the CaptionCall phone and your actual location is different from your registered Emergency Calling Address (for example, in the event of a move), you will need to provide your current location to the emergency personnel. Otherwise, any required emergency services will be delayed or unavailable.
CaptionCall has provided you with a warning label advising you of these limitations. Please place the label on your CaptionCall phone or near the area of your home where you typically use CaptionCall.
To verify or change your Emergency Calling Service address, please call 1-877-557-2227.
I acknowledge I am aware of and understand these limitations.
CaptionCall is easy to use and requires no technological know-how on your end. The service works a lot like closed-caption television. It uses the most advanced voice recognition technology and a fast transcription service to display written captions of what a caller is saying on a large, easy-to-read screen.
