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To ensure patient data protection, healthcare organizations must follow strict guidelines when mailing sensitive information.
A covered entity must obtain a patient's written authorization before mailing protected health information (PHI) to a third party.
The authorization must include the patient's name, date, and a description of the PHI to be disclosed.
The patient must also be informed of their right to revoke the authorization at any time.
Intriguing read: Kaiser Hipaa Authorization
Health Insurance Portability and Accountability Act
The Health Insurance Portability and Accountability Act, or HIPAA, is a federal law that was enacted to protect the confidentiality, integrity, and availability of sensitive patient health information. It was signed into law in 1996.
HIPAA was enacted to address the need for a standardized approach to protecting patient health information, which was previously scattered across various healthcare providers and insurance companies. This lack of standardization made it difficult to maintain the confidentiality of patient data.
The law requires healthcare providers, insurance companies, and other covered entities to implement specific security measures to protect patient health information. This includes implementing access controls, encrypting electronic data, and training staff on HIPAA compliance.
HIPAA-compliant email solutions are designed to meet these security requirements, ensuring that sensitive patient data is protected during transmission and storage.
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Ensuring HIPAA Compliance
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HIPAA-compliant emails are a must for healthcare providers to protect patient privacy. HIPAA-compliant emails must be encrypted, and emails containing ePHI shared outside the internal network should be encrypted. This prevents content from being accessed by miscreants and when sent to the wrong recipient by mistake.
According to HIPAA, emails containing ePHI shared outside the internal network should be encrypted. The encryption on the email will protect any sensitive information contained within.
To avoid unauthorized disclosure of PHI, healthcare providers must get the email address right. The penalties for HIPAA email violations range from $1k to $1.5 million depending on the severity of the violations.
Here are the 9 steps to make your email HIPAA compliant:
1. Make sure emails are encrypted
2. Use HIPAA-compliant email software to share details
3. Specify who in your team needs PHI access to send patients data on email
4. Train your staff to use email correctly and safeguard PHI
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5. Get patients' permission before communicating via email
6. Access should be secure, but also well-organized and accessible by authorized users
7. Specify when it's okay to send PHI via email, and to whom
8. Use a HIPAA-compliant email provider
9. Make sure your staff has access to PHI and is aware of HIPAA rules
It's essential to ensure that your email archive system is secure, but also well-organized and accessible by authorized users. This will allow you to retrieve archived email communications easily and safely.
The Omnibus rules state that the covered entity is still responsible for ensuring the business associate does everything they are supposed to do according to the agreement. If either party is found in violation of HIPAA, fines will ensue.
Here is a summary of the penalties for HIPAA email violations:
By following these steps and guidelines, you can ensure that your email communications are HIPAA-compliant and protect patient privacy.
Protecting Patient Data
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Protecting patient data is a top priority for healthcare providers. To ensure HIPAA compliance, it's essential to receive written consent from patients before communicating via email, especially if sending Protected Health Information (PHI).
Only send emails from devices with password protection and updated anti-virus software, and refrain from sharing login information. This includes using secure online portals with their own passwords and accounts.
To safeguard devices with access to PHI, use encryption, passwords, and other protective security measures, such as remote disabling or erasing data from lost or stolen devices. Don't install file-sharing applications, and keep your computer safe from viruses and hackers by installing security software.
Here are some key steps to secure devices with access to PHI:
- Use encryption to safeguard health information stored or transmitted by portable devices.
- Use a password or other user authentication tools.
- Install software that allows you to remotely disable or erase data from your portable device if it gets lost or stolen.
- Do not install or use file-sharing applications.
- Use a firewall to protect your computer from hackers by blocking unauthorized access.
- Keep your computer safe from harmful viruses and attackers by installing security software.
- Investigate portable applications before downloading them.
- Use adequate security measures to ensure ePHI is safe when sending or receiving it over public WiFi networks.
- Ensure you have wiped your device of all health-related data before you get rid of it.
Penalties for HIPAA email violations can range from $1,000 to $1.5 million, depending on the severity of the violations.
Obtain Patient Consent
Obtaining patient consent is a crucial step in protecting patient data. Patients must give written authorization to receive emails from healthcare providers that may contain their personal medical information.
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To obtain consent, healthcare providers must inform patients that their email client may not be secure. This is because email is not a secure form of communication, and even the best email clients can never guarantee total security.
Patients must be given the option to opt-out of receiving emails. If they prefer not to give authorization, healthcare providers must be able to offer another secure option for communicating with them. A common solution is a secure online portal with its own password and account.
Healthcare providers can assume that if a patient initiates contact by unencrypted email, it is permissible to reply to the patient via unencrypted email. However, this guidance recommends, but does not mandate, the healthcare provider alerts the patient to the risks and lets the patient decide whether to continue communicating via email.
Here are the steps to obtain patient consent:
- Request written authorization from patients to receive emails that may contain their personal medical information.
- Inform patients that their email client may not be secure.
- Offer an alternative secure option for communicating with patients, such as a secure online portal.
- Alert patients to the risks of unencrypted email communication and let them decide whether to continue communicating via email.
Protect Access Devices
Protecting patient data is a top priority, and that includes safeguarding devices that have access to PHI. One of the most common HIPAA violations happens when devices like laptops, USB devices, and mobile phones get stolen.
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To prevent this, use encryption to safeguard health information stored or transmitted by portable devices. This is a must-have measure to protect PHI.
Make sure your staff knows how to use email correctly and safeguard PHI. Train them to use the right technology to avoid human errors, such as sending ePHI to unauthorized individuals by mistake.
Use a password or other user authentication tools to secure devices. These are the first line of defense against unauthorized access.
Here are some additional security measures to take when securing devices:
- Install software that allows you to remotely disable or erase data from your portable device if it gets lost or stolen.
- Do not install or use file-sharing applications.
- Use a firewall to protect your computer from hackers by blocking unauthorized access.
- Keep your computer safe from harmful viruses and attackers by installing security software.
- Investigate portable applications before downloading them.
- Use adequate security measures to ensure ePHI is safe when sending or receiving it over public WiFi networks.
- Ensure you have wiped your device of all health-related data before you get rid of it.
By taking these steps, you can help protect patient data and prevent HIPAA violations.
In Transit
In transit, emails and the PHI they contain are vulnerable to interception and unauthorized access. To protect patient data, use a HIPAA-compliant email service that uses end-to-end encryption.
Covered entities unsure about HIPAA email encryption requirements should seek compliance advice. This is because the responsibility for encrypting PHI at rest can vary depending on whether the organization's email server is hosted on-premises or in the cloud.
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A HIPAA-compliant email service can ensure the strongest possible transmission security. This is especially important for emails containing sensitive patient information.
To maintain compliance, it's essential to understand the specific scenarios that apply to your organization. For example, if your email server is hosted on premises but the email service is provided by a business associate, the business associate is responsible for encrypting PHI at rest.
Using the right technology, such as end-to-end encryption, can avoid human errors that might compromise patient data. This includes sending ePHI to unauthorized individuals by mistake or forgetting to encrypt an email.
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Encryption for Your
Encryption is a must when sending emails containing ePHI. According to HIPAA guidelines, emails containing ePHI sent outside your organization must be encrypted to ensure privacy and security.
Use encryption standards like AES 128, 192, or 256-bit encryption to protect your emails. This way, you can avoid human error and ensure that only the intended recipient and sender can access the email's contents.
Some email providers, like Gmail, are HIPAA compliant, but only the paid version of Google Workspace is compliant, not the widely-used @gmail.com accounts. So, double-check your email provider's compliance before sending sensitive information.
To ensure that your emails are encrypted, use email service providers and storage technology that encrypts everything by default. This way, you can avoid manually encrypting each email, which can be time-consuming and prone to human error.
Here are some steps to follow when encrypting your emails:Use end-to-end encryption, not just when the email is in transit.Ensure that the email storage also has encryption.Use encryption standards like AES 128, 192, or 256-bit encryption.
By following these steps, you can ensure that your emails are encrypted and comply with HIPAA guidelines. Remember, encryption is a must when sending emails containing ePHI, and it's better to be safe than sorry.
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Choosing a Compliant Service
You need to use a HIPAA-compliant email service provider to protect PHI. Free webmail services like Gmail and Hotmail are not secure for sharing PHI, and using them can result in fines.
Look for email providers with end-to-end email encryption, such as Microsoft and Google, which have signed Business Associate Agreements (BAAs). A BAA is a contract that requires the healthcare provider and the email service provider to maintain certain standards of conduct.
To keep your PHI safe, choose an email provider with features like SSL connection, Open-source software code, email expiration, and AES, OpenPGP, and RSA cryptography. Some email providers also offer additional features like two-factor authentication and spam protection.
Here are some key features to look for in a HIPAA-compliant email service provider:
- Encryption (end-to-end and in transit)
- SSL connection
- Open-source software code
- Email expiration
- AES, OpenPGP, and RSA cryptography
Remember, a Business Associate Agreement (BAA) is not foolproof, and the covered entity is still responsible for ensuring the business associate does everything they are supposed to do according to the agreement.
What Is Compliant?
HIPAA compliant email is a secure and private mailing service used by healthcare professionals to mail protected health information (ePHI) to patients and other healthcare professionals.
To ensure email security, emails containing a patient's ePHI must be encrypted with 3DES, AES, or other third-party algorithms.
If PHI is sent as an attachment, the file should be encrypted accordingly.
If the ePHI is passed on as the body of the email, the email needs to be encoded.
To be HIPAA compliant, email providers must offer products that support HIPAA compliance out of the box or can be configured to support HIPAA compliance.
Covered entities and business associates must agree to the terms of the providers' Agreements, which include entering into a Business Associate Agreement.
HIPAA compliant email providers may offer a standard service to all customers, but covered entities and business associates must still agree to the terms of the providers' Agreements.
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Choosing a Provider
To find a HIPAA-compliant email provider, look for one that uses end-to-end email encryption, such as Mailgun. This ensures that emails containing protected health information (PHI) are encrypted both in transit and at rest.
Encryption is a must-have feature when selecting a HIPAA-compliant email service provider. According to the article, any emails with PHI must also follow the rules set by NIST, which necessitates the use of resources like AES 128 or 256-bit encryption, OpenPGP, 192, or S/MIME.
You should also check if the provider has a Business Associate Agreement (BAA) in place, such as Mailgun. This agreement spells out the company's compliance with HIPAA.
Some popular email services, like Gmail and Hotmail, are not secure for sharing PHI. In fact, a fine of $100,000 was issued to Phoenix Cardiac Surgery in 2012 for not protecting their data and using an internet-based email service to practice administration.
Here are some features to look out for when choosing a HIPAA-compliant email provider:
- SSL connection
- Open-source software code
- Email expiration
- AES, OpenPGP, and RSA cryptography
- Doesn't track or log PII (personally identifiable information)
- Servers are stored in nuclear bunkers underground
- Ethereum Blockchain Technology
- Outlook, Gmail, and O365 add-ins
- Web-only version
- Email archiving and data storage
- Two-factor authentication
- Custom domain names
- Unlimited email aliases
- Uses HIPAA, SOC 2, PCI DSS, VISA, and SSAE 16 compliant data centers
- Access logs and login audit trails
- Spam protection
- Email filtering
- Virus scanning
- Phishing protection
- Email reports
- Blanket TLS compliant email encryption
- Real-time analytics
- HITRUST CSF certified
- 24/7 customer support
Compliant Software and Services
Compliant software and services are essential for protecting PHI in email communications. You must use a HIPAA-compliant email service provider to ensure the security of sensitive information.
Free webmail services like Gmail and Hotmail are not secure for sharing PHI, as seen in the case of Phoenix Cardiac Surgery, which was fined $100,000 for using an internet-based email service for practice administration.
To choose a compliant email service provider, look for features like end-to-end email encryption, SSL connection, and AES, OpenPGP, and RSA cryptography. These features will help protect PHI in transit and at rest.
Some key features to look for in a compliant email service provider include:
- Email expiration
- Two-factor authentication
- Custom domain names
- Unlimited email aliases
- Uses HIPAA, SOC 2, PCI DSS, VISA, and SSAE 16 compliant data centers
- Access logs and login audit trails
- Spam protection
- Email filtering
- Virus scanning
- Phishing protection
- Email reports
- Blanket TLS compliant email encryption
- Real-time analytics
- HITRUST CSF certified
- 24/7 customer support
Business Associate Agreements (BAAs) are also crucial for ensuring compliance. A BAA is a contract between the healthcare provider and the email service provider that requires them to maintain certain standards of conduct. Both Microsoft and Google have signed BAAs.
Non-Compliant Services
Popular email services are not HIPAA compliant. These services lack adequate security measures to encrypt messages to HIPAA standards.
Many popular email services don't provide business associate agreements to their users, which is a requirement for HIPAA compliance.
Using a non-compliant email service for sensitive health information is a risk, as it may not be protected from unauthorized access or breaches.
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Security and Backup
To ensure your emails are HIPAA-compliant, it's essential to secure all devices with access to PHI. Use encryption to safeguard health information stored or transmitted by portable devices.
You should also use a password or other user authentication tools to protect your devices. Install software that allows you to remotely disable or erase data from your portable device if it gets lost or stolen.
Don't install or use file-sharing applications, and use a firewall to protect your computer from hackers by blocking unauthorized access. Keep your computer safe from harmful viruses and attackers by installing security software.
Investigate portable applications before downloading them, and use adequate security measures to ensure ePHI is safe when sending or receiving it over public WiFi networks. Secure WiFi connections are a must.
To keep your email communications secure, consider contracting with a third-party email archiving service. This will help you document all the steps you take to securely store PHI, including email communications.
For another approach, see: Use Is Defined under Hipaa
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Here are some key steps to secure your email communications:
- Use encryption to safeguard health information stored or transmitted by portable devices.
- Use a password or other user authentication tools.
- Install software that allows you to remotely disable or erase data from your portable device if it gets lost or stolen.
- Don't install or use file-sharing applications.
- Use a firewall to protect your computer from hackers.
- Keep your computer safe from harmful viruses and attackers.
- Investigate portable applications before downloading them.
- Use adequate security measures to ensure ePHI is safe when sending or receiving it over public WiFi networks.
Remember to also keep security updated by reading information from your HIPAA-compliant email service, installing security updates right away, and paying attention to any unusual activity in your email account.
Staff Training and Awareness
Staff training and awareness is crucial to ensure HIPAA compliance when sending emails containing protected health information (PHI). It's essential to specify who on your team needs access to PHI and train them to use email correctly and safeguard PHI.
To avoid human errors, use the right technology to encrypt emails and maintain an archive of emails related to security and changes in the privacy policy for at least 6 years. This will help prevent unauthorized individuals from accessing PHI.
Consistent and ongoing education in HIPAA is momentous for ensuring compliance and protecting patient privacy. This includes understanding the importance of encryption when sending PHI through email and obtaining a patient's consent before sharing their information.
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Staff Access
Staff Access is crucial to ensure that only authorized personnel can send patient data via email. You need to specify who in your team needs access to PHI to send patient data on email.
Only the staff that's required to send such emails should have access, not everyone else. This is to prevent unauthorized individuals from accessing sensitive patient information.
To safeguard PHI, you should train your staff to use email correctly. This includes encrypting emails containing PHI and locking devices when leaving them unattended.
Human errors can be costly, so use technology to avoid mistakes like sending ePHI to unauthorized individuals by mistake or forgetting to encrypt an email. Maintain an archive of emails related to security and changes in the privacy policy for at least 6 years.
You need to make sure only the staff that is required to have access has such access to patient data. Whoever sends email communications to patients would obviously need access to PHI, unless you're using a secure portal.
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Protect devices that have access to PHI, especially if staff members work from home. This includes laptops, USB devices, and mobile phones, which should be secured with encryption, passwords, or other protective security measures.
Make sure your email archive system is secure, yet well organized and accessible by authorized users. This way, when a legitimate need to retrieve archived email communications arises, you can do so easily and safely.
Staff Training
Staff training is a crucial aspect of maintaining HIPAA compliance. Ensure that only staff who need access to PHI have it, and train them to use email correctly to safeguard PHI.
Specify who needs PHI access to send patient data on email and ensure it's only the required staff. Train your staff to use email correctly and safeguard PHI, as human errors can lead to HIPAA violations.
Use the right technology to avoid mistakes, such as sending ePHI to unauthorized individuals by mistake or forgetting to encrypt an email. Maintain an archive of emails related to security and changes in the privacy policy for at least 6 years.
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Consistent and ongoing education is momentous for ensuring compliance and protecting patient privacy. Provide HIPAA training to your staff, including understanding the importance of encryption when sending PHI through email.
Staff should be aware of all PHI identifiers that qualify as PHI and prevent accidentally sending sensitive information through insecure channels. Obtain a patient's consent before sharing their information, and ensure that PHI is encrypted when included in the body text of the email.
Develop a HIPAA email policy that's consistent with your organization's existing policies on permissible disclosures of PHI, patients' rights, data security, and reinforce standards such as physical device controls and patient authorizations.
HIPAA Regulations and Laws
HIPAA preempts state law unless a provision of state law offers greater protection to personal data than HIPAA or unless a provision of state law provides individuals with more privacy rights.
If you're sending emails with Protected Health Information (PHI), you must follow the HIPAA email requirements, which are outlined in the HIPAA General Provisions.
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Emails that don't contain PHI are not subject to the HIPAA email requirements, but they may still be subject to state data protection laws, depending on the location of the covered entity and whether they're exempted from complying with state law.
HIPAA was designed to make it easier for medical professionals to safely share information with other professionals who might be treating the same patient, while protecting patient privacy.
Human error, like sending an email with PHI to the wrong email address, is the primary culprit in most HIPAA violations, not villains and miscreants.
Exposing patient information can get you in hot water, with fines and reputational damage on the line, so it's essential to follow HIPAA regulations and laws.
As a business working with patients, protecting their privacy is part of your service, and it comes with the trust they put in you.
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