ASA Files a Motion to Intervene in the “Red Flags Rule” Lawsuit

On August 18, ASA joined 24 other medical specialty groups in filing a motion to intervene in a lawsuit originated in May by the American Medical Association (AMA), the American Osteopathic Association (AOA), and the Medical Society of the District of Columbia against the Federal Trade Commission (FTC) regarding the “Red Flags Rule.” The rule involves establishment of an identity theft prevention program by “creditors,” which the FTC defines to include most healthcare providers. While ASA is supportive of the FTC’s efforts to prevent identity theft, there is concern about future implications of classifying physicians as “creditors.” Though the lawsuit seeks to declare unlawful the “Red Flags Rule” as it applies to the members of the AMA, the AOA, and the state medical societies, through this motion to intervene, ASA seeks to extend the lawsuit to cover its member physicians. Unless the FTC delays again, enforcement begins on January 1, 2011. We will file additional legal documents reflecting our claim assuming our motion to intervene is granted.

Please see the links below for additional information on the Red Flags Rule and a copy of the motion to intervene.

• FTC Delays Enforcement of “Red Flags Rule”
• Information on FTC "Red Flags Rule"
• Consent Motion to Intervene