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The HIPAA Rules regarding text messaging are that it is permissible for healthcare providers to send Protected Health Information by SMS text if a patient has initiated a communication by SMS text or exercised their right to request confidential communications by SMS text.
Texting in violation of HIPAA can be prevented by either implementing a secure messaging solution that complies with the Technical Safeguards of the HIPAA Security Rule or by obtaining a patient’s consent to communicate via an unsecure channel of communication.
HIPAA compliance regulations do support the use of text messaging technologies in healthcare – as long as the right controls are implemented to protect ePHI. Before we dive into HIPAA-compliant texting, let’s look closer at texting’s emergence as a healthcare tool.
HIPAA Rules Regarding Texting. 1. Establish procedures and policies to manage who is authorized to access PHI when texting. HIPAA requires that healthcare organizations and business associates safely manage who has the privilege and/or right to access, change, or distribute sensitive health data.
Text messages, like emails, are HIPAA-compliant if they don’t contain PHI, since including that information would be a violation of the Privacy and Security rules. Before you text a patient, make sure: The message doesn’t contain one of the 18 personal identifiers, according to the §164.514 provision of the HIPAA privacy rule.
HIPAA-compliant text messaging allows organizations to increase their operational efficiency. Not only does it provide an outline of tools and guidelines to ensure the secure transmission of sensitive patient information, but also it is cost-effective and improves remote communication.
The HIPAA Rules generally do not protect the privacy or security of your health information when it is accessed through or stored on your personal cell phones or tablets. The HIPAA Rules apply only when PHI is created, received, maintained, or transmitted by covered entities and business associates.
The HIPAA regulations for SMS are that it is permissible to communicate with a patient if the patient has initiated contact by SMS or requested confidential communications via SMS provided the patient is warned about the risks of SMS messages and the warning is documented.
Compliant text messages pass the HIPAA litmus test primarily because they communicate necessary health information without revealing identifiable patient details. Conversely, noncompliant messages glaringly flout both the Privacy and Security Rules.
Organizations that choose to use texting for patient information and orders are required to do the following: Implement an STP that meets the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule, the HITECH Act Amendment 2021, and the CMS Conditions of Participation addressing medical records.