Secure Text Messaging of Patient Information: What Healthcare Providers Need to Know

By Tammie Smeltz, RPLU, Content Marketing Manager

Last month, the Joint Commission updated its position on text messaging patient information and orders to members of the healthcare team. Specifically, accredited healthcare organizations may now text patient orders to members of a patient’s healthcare team using a secure texting platform as long as the data is transferred to the electronic health record (EHR).

Organizations using secure text messaging of patient information and orders must ensure that:

1. The secure texting platform meets the requirements of HIPAA, HITECH, CMS and CoPs.
2. The secure texting platform is encrypted.
3. Appropriate policies and procedures are in place.
4. Orders transmitted via text are dated, timed and timely transferred to the EHR.
5. Orders are accurately written, retained and accessible.

A complete list of the Joint Commission’s requirements can be found here.

Before texting patient orders, healthcare providers should ensure their facility permits this mode of communication and use a secure platform approved by the facility.

Despite the Joint Commission’s new position, the preferred method of order entry is still computerized provider order entry (CPOE). This is the most accurate way to ensure patient orders are entered into the EHR.

For healthcare providers in New York, The New York Hospital Code, 10 NYCRR 405.4 (c)(10), does permit the use of electronic order entry, but first requires the medical staff of hospitals to adopt and enforce a number of bylaws, including: “criteria and procedures that ensure appropriate and confidential use of electronic or computer transmissions and authentications, including the identification of those categories of practitioners and hospital personnel who are authorized to utilize electronic or computer generated transmissions, if the hospital elects to utilize an electronic or computer system for transmitting or authenticating medical records entries, orders and/or other patient-specific records.”

Additionally, a secure texting platform must be used, and all data must be transferred to the EHR.

MLMIC policyholders can reach our healthcare attorneys for questions about texting patient orders or any other healthcare law inquiries by calling (800) 275-6564 Monday-Friday, 8 am-6 pm or by email here.

Our 24/7 hotline is also available for urgent matters after hours at (844) 667-5291 or by emailing hotline@tmglawny.com.

If you are not already a MLMIC insured, learn more about us here.

Sources:

1. https://www.jointcommission.org/resources/news-and-multimedia/newsletters/Newsletters/joint-commission-online/June%205%202024/Use%20of%20secure%20text%20messaging%20for%20patient%20information%20and%20orders
2. https://www.beckershospitalreview.com/healthcare-information-technology/joint-commission-allows-texting-of-patient-orders.html
3. 10 NYCRR 405.4 (c)(10)

This document is for general purposes only and should not be construed as medical or legal advice. This document is not comprehensive and does not cover all possible factual circumstances. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors for any questions related to legal, medical or professional obligations, the applicable state or federal laws or other professional questions.