New June 1, 2010 Deadline
At the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the "Red Flags" Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC.
The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring "creditors" and "financial institutions" to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have "covered accounts" to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities - known as "red flags" - that could indicate identity theft. The AMA and other medical organizations have petitioned the FTC to exempt physician organizations who are really not creditors since collecting co-pays or deductibles are not true credit transactions intended to be covered by this new rule. That exemption has still not occurred but the delays in implementation continue.