CMS Releases Clarification Regarding Texting of Patient Orders

On December 28, 2017, the Director of the CMS Survey and Certification group issued a memorandum clarifying CMS’ stance on the texting of orders.  Specifically, the memorandum notes that a prohibition on texting applies to patient orders, which should be entered into the medical record by a handwritten note or Computerized Provider Order Entry (CPOE) which is immediately downloaded into the patient’s electronic health record, but never through a text message.

As far as texting other communications between health care providers, CMS notes that such communications would be permissible so long as they are communicated in a secure encrypted manner that meets the HIPAA Privacy and Security Rules.

The full memorandum can be found on the CMS website by clicking here.

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