ARTICLE
11 January 2017

The Joint Commission And CMS Again Prohibit Text Orders

DP
Day Pitney LLP

Contributor

Day Pitney LLP logo
Day Pitney LLP is a full-service law firm with more than 300 attorneys in Boston, Connecticut, Florida, New Jersey, New York and Washington, DC. The firm offers clients strong corporate and litigation practices, with experience on behalf of large national and international corporations as well as emerging and middle-market companies. With one of the largest individual clients practices on the East Coast, the firm also has extensive experience assisting individuals and their families, fiduciaries and tax-exempt entities plan for the future.
In a clarification issued in the December 2016 issues of its official newsletter, Perspectives, The Joint Commission, in collaboration with the CMS, announced that it has reinstated its ban on using text message communications . . .
United States Food, Drugs, Healthcare, Life Sciences
To print this article, all you need is to be registered or login on Mondaq.com.

In a clarification issued in the December 2016 issues of its official newsletter, Perspectives, The Joint Commission, in collaboration with the Centers for Medicare & Medicaid Services (CMS), announced that it has reinstated its ban on using text message communications – even through secure text messaging – for patient care orders.

During 2016 The Joint Commission flip-flopped on this issue, briefly lifting the ban last spring, but then temporarily reinstating it over the summer. The Joint Commission and CMS noted that while their privacy and security concerns have been addressed with secure text messaging, there remain reservations associated with text messaged orders, including:

  • The increased burden on nurses and other clinical staff who are responsible for inputting such electronic data into electronic health records (EHRs);
  • In-person communication allows for easier clarifications if there are questions about an order, and allows for better confirmation of directives; and
  • If the order generates any clinical decision support alerts, the ordering clinician needs to personally address these in a timely fashion to avoid delay in care.

The announcement stated that The Joint Commission and CMS will continue to monitor advancements in text messaging to further evaluate the ban and other guidelines in the future.

The announcement also included the following guidance:

  • All healthcare organizations should have policies prohibiting the use of unsecured text messaging for communicating protected health information; and
  • Computerized provider order entry should be the preferred method for submitting orders into the EHR, but a verbal order is acceptable.

For more articles and regular updates on legislative changes, regulatory developments and other news of interest to businesses, professionals and investors in the healthcare industry, please subscribe to Day Pitney's mailing lists.


Click here for more Healthcare Blogs from Day Pitney

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More