White Paper

Not So Fast! Secure Text Messages May Not Be Used to Transmit Patient Care Orders After All

 
Reversing the position taken in May 2016, The Joint Commission (TJC) recently clarified that licensed independent providers (LIPs) or other practitioners may not utilize secure text messaging platforms to transmit patient care orders. TJC’s earlier position provided that use of secure text messaging platforms was an acceptable method to transmit such orders, provided that the use was in accordance with professional standards of practice, law and regulation, and policies and procedures.

In reversing its position, TJC identified that concerns persisted regarding transmitting of text orders even when the platform utilized a secure system. Together with the Centers for Medicare & Medicaid Services (CMS), TJC provided four recommendations regarding use of text messaging for patient care orders:

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Sandra M. DiVarco, BSN, RN, JD is a Partner at McDermott Will & Emery LLP’s in their Health Industry Advisory Practice Group based in Chicago. She focuses her practice on the representation of hospitals and health systems, and has counseled health care facility and system clients across the country regarding all aspects of health law transactions and health system restructurings. Ms. DiVarco has earned a reputation as a practical problem-solver and trusted advisor to health care system clients.

Faculty

Sandra M. DiVarco, BSN, RN, JD

Sandra M. DiVarco, BSN, RN, JD

McDermott Will & Emery LLP