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Joint Commission Bans Secure Text Messaging for Patient Care Orders

By Pamela Del Negro on February 28, 2017
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The Joint Commission recently clarified that patient care orders may not be transmitted by secure text message.  The Joint Commission initially prohibited the practice in 2011 but subsequently allowed practitioners to send orders through a secure text messaging system if certain conditions were met.   In this most recent clarification, The Joint Commission states that concerns remain even when using secure messaging platforms.

The clarification includes several recommendations developed by The Joint Commission in cooperation with the Centers for Medicare & Medicaid Services (CMS).  In addition to the ban on secure text messaging of patient orders, the Joint Commission’s recommendations include:

  • Every health care organization should have a policy that prohibits the use of unsecured text messaging from a personal device for communicating protected health information. The policy should be discussed during orientation of practitioners and staff.
  • Computerized Provider Order Entry (CPOE) is the preferred method for submitting orders. The clarification notes that there are CPOE applications offering secure, encrypted orders through smartphones and tablets.
  • A verbal order is acceptable when a CPOE or written order cannot be submitted. Verbal orders should be used in infrequently, and should be monitored to confirm that they are used only in those situations where CPOE or written orders would delay treatment, rather than for convenience.
Photo of Pamela Del Negro Pamela Del Negro

Pamela H. Del Negro is a member of Robinson+Cole’s Health Law Group, where she advises institutional providers, including hospitals and ambulatory surgery centers, as well as physician practice groups, community providers, and other health care entities on health care issues and general corporate…

Pamela H. Del Negro is a member of Robinson+Cole’s Health Law Group, where she advises institutional providers, including hospitals and ambulatory surgery centers, as well as physician practice groups, community providers, and other health care entities on health care issues and general corporate matters. She provides legal counsel on a full range of transactional and regulatory health law issues, including co-management arrangements; compliance plans; the acquisition and merger of medical entities; Medicare and Medicaid fraud and abuse and the Stark law; hospital affiliations; the privacy and security of personal health information; corporate governance; private placements; and contracting. She also works with clients on managed care contracting, the corporate practice of medicine issues, clinical integration and antitrust issues, and the structuring and acquisition of electronic health records technology, including the negotiation and documentation of software agreements. Read her full rc.com bio here.

Read more about Pamela Del NegroEmail
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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Health Law Diagnosis
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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