CMS Memorandum for Texting Patient Information Among Healthcare Providers
Friday, June 1, 2018
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
The Centers for Medicare & Medicaid Services (CMS) released a Memorandum in an effort to clarify their stance and guidelines on texting between healthcare providers and members of a healthcare team.
Texting Patient Orders is Not Permitted.CMS does not permit physicians or other health care providers to text patient orders to a care team member on any platform. Texting patient orders from a health care provider is not in compliance with the Conditions of Participation (CoPs) or Conditions for Coverage (CfCs).Texting Patient Information on Secure Platforms.Patient information that is sent via text messages among members of a health care team is permissible if accomplished through a secure platform only. However, Computerized Provider Order Entry (CPOE) is the preferred method of order entry. CMS holds to the long-standing practice that a physician should enter patient orders into the medical record via a hand written order or CPOE.
Compliance Plans.In order to be compliant, all healthcare providers must utilize and maintain platforms that are secure, encrypted, and minimize the risks to patient privacy. It is expected that health care providers/organizations will implement procedures and processes that routinely assess the security and integrity of the texting platforms that are being utilized. This is to ensure patient confidentiality and to avoid negative outcomes that could compromise the overall care of patients. Using secure texting platforms, has the potential for healthcare organizations to streamline contact and improve patient outcomes. Click here to visit our website and read the CMS Memorandum in full.
Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.The attorneys of The Health Law Firm represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other health care providers and institutions in investigating and defending alleged HIPAA complaints and violations and in preparing Corrective Action Plans (CAPs). For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.
Source: Center for Clinical Standards and Quality/Survey & Certification Group . “Texting of Patient Information among Healthcare Providers.” Centers for Medicare and Medicaid Services (CMS). (December 28, 2017). Web.About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.KeyWords: Centers for Medicare and Medicaid Services (CMS), representation for CMS matters, CMS attorney, representation for health care investigations, representation for patient privacy issues, HIPAA lawyer, HIPAA representation, representation for health care compliance, health care compliance lawyer, CMS investigation representation, cyber-security representation, cyber-security attorney, data breach representation, HIPPA violation representation, HIPAA violation attorney, Medicare attorney, Medicaid attorney, representation for health care professionals, representation for health care facilities, reviews of The Health Law Firm, The Health Law Firm attorney reviews“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.Copyright © 2018 The Health Law Firm. All rights reserved.
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