Communicating with Patients by Email and Text
February 14, 2023
Dear OMIC Insureds:
Sending or receiving emails and text messages is commonplace, even preferred by many individuals. According to the Department of Health and Human Services, your practice is expected to use encrypted and secure systems to ensure confidentiality of protected health information (PHI).
Practices that fail to send PHI through a safe and secure platform run the risk of HIPAA violations and financial penalties. Although HIPAA violations for unsecure patient communications are relatively infrequent, violations can result in costly expenses.
OMIC Risk Management Recommendations:
Once health information is received in your office, it becomes PHI. All outgoing communications must be sent through an encrypted or secure system, unless the patient has been warned in writing, and accepts the risk. Consider updating the contact information preferences form for patients. The update should include the communication warning and their authorization signature.
Frequently asked questions:
1. What if a patient sends me an unsecure email or text message?
You should not assume you have consent to respond to unencrypted or unsecured text or email because your patient sent a message to you. If you receive a communication, warn the patient in writing of the risks of using an unsecure system and request authorization to continue communicating through an unsecure system.
2. Can you send texts and emails regarding patient care to other healthcare providers?
Yes, but only if the information is sent through an encrypted or a secure messaging system. Patient care documentation typically reports why the patient was seen, what assessment or treatment was provided, clinical findings (e.g., diagnoses), and what (if any) treatment was recommended.
3. Can I text physician’s orders to members of the health care team?
The purpose of the physician’s orders is to communicate the medical care that the patient is to receive while in the hospital as well as document the tests, medications, and treatments.
No, CME and the Joint Commission explicitly prohibit healthcare providers from texting orders. This prevents information being lost or compromised if it is manually entered into the medical records from a text message and ensures orders are in the medical records where all information for treatment decisions should be kept.
For more guidance on documentation, click on this link to OMIC’s risk management recommendations entitled, Documentation of Ophthalmic Care – OMIC.
If you have questions, contact us for confidential risk management advice at riskmanagement@omic.com or 1-800-562-6642, enter 4 for OMIC Risk Management.
Sincerely,
Hans K. Bruhn, MHS
OMIC Risk Manager
_________________________________________________
