Recognizing the Plight of Home Health Care Agencies

Abstract

Creditors may rely upon the use of electronic communications or acknowledgments to satisfy requirements for delivery of disclosures, notices and other information through electronic communications provided that the consumer: Expressly consents to online disclosures and/or acknowledgments and does so electronically; receives a description of the type of information to be provided electronically; receives an explanation of how to access and retain the online disclosures, including consideration of the consumer’s ability to print or download such disclosures; and receives a notice of the period of time that the information will be available to the consumer in electronic form. The legislation provides the appropriate regulator with the authority to prescribe regulations from time to time to clarify the procedures applicable to the delivery of electronic communications. The legislation further provides the appropriate regulator with the authority to prescribe, without affecting or impairing the legal effectiveness of the delivery of any electronic communication provided for in the Act, procedures which provide consumers with the option to request paper copies of any such communications if it finds that such procedures are necessary and appropriate to supplement electronic communications. The legislation would be effective upon date of enactment. The legislation addresses only electronic delivery of information to consumers. It does not affect the substantive rights and responsibilities of any party or the content of any disclosure, including both the timing and format of disclosures and the information to be provided.

Cite this paper

@inproceedings{Shalala2016RecognizingTP, title={Recognizing the Plight of Home Health Care Agencies}, author={Donna E. Shalala and H F Stark and Ana Rivas - Beck and Sarah Greene Burger}, year={2016} }