On February 8, 2024, Centers for Medicare & Medicaid Services (CMS) issued a memorandum, QSO-24-05-Hospital/CAH, to State Survey Agency Directors on the subject of texting of patient information and orders for hospitals and critical access hospitals (CAHs). The memorandum revises previous CMS memorandum QSO-18-10-Hospital, CAHs Revised.

In the new guidance document CMS advised that:

• Texting patient information and the texting of patient orders among members of the health care team is permissible, if accomplished through a HIPAA compliant secure texting platform (STP) and in compliance with Medicare Conditions of Participation (CoPs), and

• Computerized Provider Order Entry (CPOE) continues to be the preferred method of order entry by a provider.

CMS also reminds providers that, to maintain compliance with Medicare COPs and HIPAA, all providers must utilize and maintain systems/platforms that are secure and encrypted and must ensure the integrity of author identification as well as minimize the risks to patient privacy and confidentiality. This includes the routine assessment of the security and integrity of texting systems/platforms.

Click Here to read the entire February 2024 Healthcare Law Update now!