Attn: All Regulated Health Care Providers
Electronic Signatures on Health Care Documents
The Wisconsin Department of Health Services, Division of Quality Assurance (DQA), has published Electronic Signatures on Health Care Documents, replacing DQA Memo 11-017. This publication is offered as a guide for providers regulated by the Division of Quality Assurance (DQA) only and contains clarification on the use of electronic signatures in those health care settings by identifying requirements for electronic signatures and how they pertain to health records.
By following the general electronic signature requirements, the use of electronic signatures provides a secure alternative to written signatures. These requirements align with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule guidelines.
Wisconsin Statutes recognize the legal effect of electronic signatures and records in transactions where the parties have agreed to conduct the transaction by electronic means. In such transactions, there is not a need for a patient or resident to sign a hard copy or paper document. A binding informed consent health care release may be executed electronically in Wisconsin. There appears to be no legal requirement for an entity to create and retain a hard or paper copy of an electronically signed release. Entities, however, may have their own policy rationales for retaining copies. A bona fide electronic or hard copy backup is required for all providers. Even if not required, back-up alternatives would represent best practice to preserving or protecting resident or patient information.
Under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, covered entities must implement policies and procedures for authentication and integrity of electronically stored health information. Visit the U. S. Department of Health and Human Services health information privacy websites at HIPAA and HITECH for more information.
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