When it comes to development at amplifyOMS, we take user suggestions seriously. We concentrate on the workflow in the office and listen to our clients to optimize practice performance and reduce repetitive tasks that can be automated.
However, there’s one feature we won’t develop, no matter how many times someone asks and there are good reasons why.
No, we will not enable a soft credit check on every patient- and why you should probably turn that feature off if you are using it.
We get this question quite a bit from people when we first introduce them to our system.
When we tell them we don’t do that with amplifyOMS, their first reaction is that it’s because we don’t have the technology, or are unwilling to build the integration.
But… those aren’t the reasons we don’t have a feature that enables you to hover over a patient in your calendar and see a pre-approval amount associated with them.
The real reasons fall into two categories; Legal and Ethical
The Legal Reasons:
The Fair Credit Reporting Act
A quick read of the Fair Credit Reporting Act (insert https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act) will educate you that the Federal Trade Commission clearly lays out under what conditions someone may pull a consumer’s credit without their permission.
This legal review article (https://www.jdsupra.com/legalnews/back-to-basics-continued-credit-1819705/) points it out in clear terms.
From everything we can gather here at amplifyOMS, the typical way this is being used by practices is questionably legal. If you read through the FCRA there’s no difference legally between doing a “soft pull” vs a “hard pull”. The difference is that consumers typically cannot see a “soft pull” on their credit report, and it typically won’t impact their credit score.
Section 604 of the FCRA lays out the conditions in which it is legal for a credit bureau to provide a credit report or credit report related information to someone. Here are the pertinent excerpts:
§ 604 – 15 U.S.C. § 1681b
Permissible Purposes of Consumer Reports
In general. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:
- (1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.
- (2) In accordance with the written instructions of the consumer to whom it relates.
- (3) To a person which it has reason to believe
- (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or
- (B) intends to use the information for employment purposes; or
- (C) intends to use the information in connection with the underwriting of insurance involving the consumer; or
- (D) intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status; or
- (E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or
- (F) otherwise has a legitimate business need for the information (i) in connection with a business transaction that is initiated by the consumer; or (ii) to review an account to determine whether the consumer continues to meet the terms of the account.2 (G) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge card
- (4) In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency….
3(A) and 3(F) are likely the two closest conditions in which someone could make an argument that a soft credit pull is permissible in an office management system used in a hearing care office. But, does the act of someone reserving a spot on your calendar meet these conditions?
If a person calls you and tells you they need their hearing aids cleaned and you collect their name, address, and birthdate for their cleaning appointment; have they engaged in an activity that makes it a reasonable assumption that they want to instigate a transaction that requires financing?
I think it’s extremely hard to make that argument.
How about a patient of yours that has four year old hearing aids, is ready to upgrade technology, but paid using a credit card on her last pair? Do you have any real reason to believe she is going to extend credit through your office?
Let’s say a new person calls your office and sets up an appointment for a hearing consultation- tells your staff member on the phone that they think they are having trouble hearing, and they may need to get some hearing aids…. What about them?
Even in this case-
Back up.
You haven’t even looked in their ears yet.
You haven’t navigated through the FDA red flags- and they only have a self perceived hearing loss. It could be cerumen, right? Are you yet at a point where you can say that you have a legitimate business need for this information because there has been an appointment set on their calendar. As a hearing professional, have you gathered all the information you need to qualify them as a prospect for amplification?
So, this is the first reason we don’t offer this feature in our software. I really don’t think the way this feature is being used is legal. Penalties are stiff for this. Feel free to look it up. While you’re at it- put a little thought into this- are you committing a crime just by hovering over the appointment and seeing the information? If I were to build this into my software… would I be culpable for adding it- or would it just be the user who is using the feature? It’s dicey. I want no part of that.
The Ethical Reasons
I’m not just a software and marketing guy. I’m a licensed provider and a practice owner with over 15 years of experience. In all that time, I’ve learned one thing for sure.
The keys to long term sustainable success for a hearing care practice are these:
- passion for the patient experience
- A dedication to best possible established testing and fitting protocol that encompasses best practices- but also stresses the fact that we are fitting human beings who all live different lives
- truly being a part of the community you serve
- Data driven, automated marketing that communicates your unique take on our profession in your marketplace
- MOST IMPORTANTLY- honesty and integrity.
So, there’s two questions I would ask you here:
If you told every patient when they called and booked an appointment with you that you were going to run their credit before they came in to see what they could afford…. How many would you lose?
If you treat a person differently or change your initial treatment recommendation for hearing loss after an examination of their condition based on information you have no right to have that they haven’t consented to give you…. Is that the right thing to do?
So, our solution to the problem
Instead, we just create a link to the patient financing provider of your choice in the left hand sidebar of your system. One click, and you are connected to Wells Fargo, or Care Credit, or Allegro Credit… or your portal with your local credit union. That choice is yours. We just give you a convenient way to pop over there and do what you need to do.
