
Sending HIPAA compliant email can be a daunting task, but don't worry, I've got you covered. To ensure your email is secure and compliant, you'll need to use a Business Associate Agreement (BAA) with your email service provider.
First, you'll need to identify your email service provider. If you're using a cloud-based service like Gmail or Outlook, you'll need to review their BAA to ensure they meet HIPAA standards.
You'll also need to use encryption to protect sensitive patient information. This can be done using a transport layer security (TLS) protocol, which ensures data is encrypted in transit.
HIPAA requires that you have a process in place for dealing with security incidents, such as a breach notification policy. This policy should outline how you'll handle a breach, including who to notify and what steps to take to mitigate the damage.
Additional reading: Hipaa Compliant Virtual Receptionist
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.
It encrypts and protects PHI from being accessed by miscreants. Becoming HIPAA compliant needn’t be this complex.
Emails that contain a patient’s ePHI require protection under HIPAA compliance, and encryption is key. To ensure an email adheres to the set standards, it needs to be encrypted with 3DES, AES, or other third-party algorithms.
Why Healthcare Providers Must Be Compliant
Healthcare providers must be compliant with HIPAA regulations to protect patient privacy. This is crucial to avoid severe consequences, including fines ranging from $1k to $1.5 million.
In 2011, a phishing attack at Metro Community Provider Network put the information of 3200 patients at risk, making history for HIPAA compliance issues. This highlights the importance of HIPAA-compliant emails in ensuring patient privacy.
Healthcare providers risk violating patient privacy without proper compliance, which can lead to severe consequences. The penalties for HIPAA email violations range from $10k to $1.5 million, depending on the severity of the violations.
You might like: Hipaa Compliance Plan
Here's a breakdown of the fines per year for HIPAA email violations:
HIPAA mandates the protection of ePHI both at rest and in transit, which means healthcare providers must ensure email encryption when sending ePHI.
What Makes You Compliant?
HIPAA compliance requires more than just email encryption. Email encryption is a crucial aspect, but it's not getting simpler with advancing technologies and sophisticated threats.
Encrypting email for privacy compliance is a must, but not all email encryption is created equal. Not all TLS is secure, and some versions of TLS, like TLS 1.0, can account for up to 15% of transmissions.
Transport Layer Security (TLS) is a cryptographic protocol that provides end-to-end data encryption, but it's not always secure. In fact, more than 10% of emails sent using TLS may not be secure.
If you send out 500 emails daily, it's possible that about 50 randomly-selected messages would be transmitted without any encryption, while about 75 other randomly-selected messages will be sent with insecure TLS. This poses severe risks of falling out of compliance.
RMail's auto-fallback capability can help with its end-to-end encryption service, which doesn't store ePHI on the company's central server. This ensures that sensitive information, like ePHI, is transmitted securely.
You might like: Scam Insurance Phone Calls and Emails to Work Emails
Security
To send HIPAA-compliant email, security is a top priority. Encryption is a must for emails containing ePHI, especially when sent outside your organization. This ensures privacy and security, as per HIPAA guidelines.
Free and Internet-based web mail services, like Gmail, are not secure for transmitting PHI, even if they're HIPAA capable. To use them, ensure they sign a Business Associate Agreement (BAA) with you, but remember, a BAA only covers their server, and you're still responsible for protecting the rest of the chain.
To keep devices with access to PHI safe, use encryption, passwords, and user authentication tools. Install software that allows remote disabling or erasure of data from lost or stolen devices. Don't install file-sharing apps, and use a firewall to protect your computer from hackers.
Recommended read: Use Is Defined under Hipaa
Transmission Security
Transmission security is a top priority for healthcare providers, and it's essential to understand the risks involved in sending sensitive information via email. HIPAA requires that Protected Health Information (PHI) remains secure both at rest and in transit.
Most email platforms are HIPAA capable, but in and of themselves, not compliant. This means that even if your email provider is capable of handling PHI, you still need to take extra steps to ensure security. Free and Internet-based web mail services, such as Gmail, Hotmail, and AOL, are not secure for the transmission of PHI.
If you're determined to use an Internet-based email service, ensure they sign a Business Associate Agreement (BAA) with you. However, a BAA only goes so far, and you are still ultimately responsible. The Omnibus Rule states that the covered entity is still responsible for ensuring the business associate does their part.
To maintain transmission security, it's crucial to encrypt emails containing PHI. This can be done using encryption standards like AES 128, 192, or 256-bit encryption. Double-check that your email provider has access controls in place to ensure that the contents of the email are only accessible to the intended recipient and sender.
Here are some key points to consider when it comes to transmission security:
- Encrypt all emails containing PHI using standards like AES 128, 192, or 256-bit encryption.
- Ensure your email provider has access controls in place to protect the contents of the email.
- Use a Business Associate Agreement (BAA) with your email provider, but remember that you are still ultimately responsible for ensuring security.
- Avoid using free and Internet-based web mail services for the transmission of PHI.
By following these guidelines, you can help ensure that your emails containing PHI are transmitted securely and in compliance with HIPAA regulations.
Backup Communications
You've got to keep a backup of all email communications, especially if it involves patient information. HIPAA rules require keeping PHI backed up, and the minimum timeline for retaining patient information is six years, which can vary from state to state.
Keeping a record on a local hard drive might seem like a good idea, but it's not the most reliable option. A power outage, security breach, or human error can wipe out your records in an instant.
Investing in a cloud backup solution is the way to go for reliable protection and compliance with HIPAA standards. It ensures that all your important documents are safe from physical damage and human error.
Don't wait until it's too late – secure your transmissions now.
You might enjoy: Washington State Hipaa Laws
Staff and Patient Rights
Patients have the right to receive unencrypted emails, but covered entities are not responsible for safeguarding information once delivered to the individual.
To exercise this right, patients must be informed of the risks associated with using unencrypted email, and they must be given another fully secure option for receiving their information.
Covered entities are not responsible for unauthorized access of protected health information while in transmission to the individual based on the individual's request.
If a patient prefers to receive unencrypted emails, it's essential to document those conversations for your protection.
Here are the key takeaways for patient rights and responsibilities:
- Patients have the right to receive unencrypted emails.
- Covered entities must inform patients of the risks associated with using unencrypted email.
- Patients must be given another fully secure option for receiving their information.
Ensure Staff Access to PHI
To ensure staff access to PHI, it's essential to specify who needs access to send patient data via email. This will prevent unauthorized staff from sending sensitive information.
You should train your staff to use email correctly and safeguard PHI, as human errors can lead to HIPAA violations. For instance, employees may write an encrypted email containing PHI but forget to lock their device when leaving for a break.
Use technology to avoid human errors, such as sending ePHI to unauthorized individuals by mistake. This can be achieved by using the right encryption tools and maintaining an archive of emails related to security and changes in the privacy policy for at least 6 years.
Consistent and ongoing education is crucial 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.
Intriguing read: Why Does Companion Keep Saying Sending and Not Sending?
Patient Rights
Patients have the right to receive unencrypted emails from their healthcare providers, but only if they are informed of the risks and choose to accept them. This is stated in the US Department of Health and Human Services' Omnibus Final Rule of 2013.
If a patient wants to receive unencrypted emails, you must have another fully secure option available for them to receive their information. This ensures that patients have a choice and can decide how they want to receive their protected health information.
You must document conversations with patients who choose to receive unencrypted emails, for your own protection. This is a crucial step in ensuring compliance with HIPAA rules.
Here are some key points to remember about patient rights:
By understanding and respecting patient rights, you can help ensure compliance with HIPAA rules and protect patient privacy.
What Applies to You?
If you're a healthcare provider, you may be wondering what applies to you when it comes to sending emails to patients. The Health Insurance Portability and Accountability Act (HIPAA) has specific rules to protect patient data, and it's essential to understand them.
According to the HHS, approximately 15% of reported healthcare breaches have been caused by inadequate email encryption. This is a clear indication that email security is a significant concern for healthcare providers.
To determine if you're subject to HIPAA, ask yourself these questions:
- Can your organization be referred to as a healthcare clearinghouse?
- Do you deal with health plans as a health insurance company, a health maintenance organization, a government program paying for healthcare, or any related entity?
- Do you act as an endorsed sponsor of the Medicare prescription drug discount card?
- Do you provide third-party services to any of the above-listed entities?
If you answered "YES" to any of these questions, then you should be considered an HIPAA compliant entity. This means you must protect patient data, including names, addresses, diagnoses, prescriptions, payments, or refunds, and ensure that it's properly protected when sending emails.
HIPAA compliant email must utilize encryption when email is being sent externally and contains protected health information (PHI). You don't need to encrypt emails that are sent within your organization, provided you use a secure server that is not shared with external entities.
Additional reading: Stop Reddit Emails
Shared Devices
Sharing devices with family members can pose a risk, especially for patients in abusive relationships, as their email may be accessible to others.
Using a shared computer or device can compromise patient confidentiality and put them at risk of harassment or abuse.
You might like: Hipaa Security Assessment
Business Associate Agreements
Business Associate Agreements are a crucial part of HIPAA compliance, and as such, they're a must-have when sharing PHI with email providers.
You need to have a signed Business Associate Agreement (BAA) with all your business associates before sharing PHI with them. This includes email providers, which are considered business associates under HIPAA.
A BAA is a legal document that dictates the safeguards that your business associates must have in place to secure the PHI you share with them. It also requires your business associates to be responsible for maintaining their HIPAA compliance.
HIPAA compliant email providers are willing to sign a BAA, but many will only do so with their paid users. This means that their free versions are not HIPAA compliant, and cannot be used in conjunction with PHI.
Here are some key points to keep in mind when it comes to BAAs:
- A BAA requires your business associates to have safeguards in place to secure the PHI you share with them.
- A BAA requires your business associates to be responsible for maintaining their HIPAA compliance.
- Only HIPAA compliant email providers will sign a BAA.
- Only paid users of HIPAA compliant email providers will have a signed BAA.
Use Compliant Software
Using compliant software is essential when sending HIPAA compliant emails. Healthcare providers need to use HIPAA compliant email software to share details, as free webmail services like Gmail and Hotmail are not secure for sharing PHI.
To stay compliant with HIPAA, PHI must be protected while at rest and in transit. This means the email must be encrypted each time it crosses the Internet or another insecure network.
Signing a Business Associate Agreement (BAA) with your email service provider can protect you somewhat, but it's not foolproof. 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.
When choosing a HIPAA compliant email service provider, encryption is one of the best features to look out for. To keep PHI, use an email provider with end-to-end email encryption.
Here are some features to look for in a HIPAA compliant email service provider:
- End-to-end email encryption
- 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
Transmission and Delivery
When sending HIPAA compliant email, it's essential to consider the transmission and delivery process.
Transmission level encryption is the default encryption mode, which auto-decrypts the message without bothering or burdening either the sender or receiver.
The sender simply needs to compose an email, press the Send Registered button, and select the Transmission Level radio button while checking the Encrypt box. If the recipient's system doesn't support TLS encryption, RMail will automatically revert to an alternate secure transmission mode.
Mass

Mass emailing is a no-go. Don't send any mass emails, it's just not worth the risk.
If you need to send mass messages, use a mail merge program or a HIPAA compliant service, which creates a separate email for each recipient. This way, you can avoid any potential issues.
Email addresses aren't usually hidden from the bad guys, even when using BCC. So, it's not a foolproof way to keep your recipients' emails private.
On a similar theme: Which of the following Is Not a Purpose of Hipaa
Transmission Level
Transmission Level encryption is a game-changer for secure email transmission. It auto-decrypts the message without burdening the sender or receiver.
All the sender needs to do is press the Send Registered button, check the Encrypt box, and select the Transmission Level radio button. This ensures the email is encrypted for secure transmission.
If the recipient's system doesn't support TLS encryption, RMail will automatically revert to an alternate secure transmission mode. This is a fail-safe to ensure the email remains secure.
Using Transmission Level encryption is a must for HIPAA compliance, as it protects PHI in transit. It's a simple step to take, but it makes a huge difference in ensuring secure email transmission.
Frequently Asked Questions
Can you use Gmail for HIPAA compliant email?
Yes, Gmail can be used for HIPAA compliant email, but only with the paid version, Google Workspace Gmail. This version offers the necessary features to meet HIPAA requirements.
Are there free HIPAA compliant emails?
Unfortunately, free email services typically don't meet HIPAA compliance requirements. To ensure secure email transmission, organizations need a dedicated HIPAA compliant email solution.
Is Outlook email HIPAA compliant?
Outlook.com is not HIPAA compliant, but Outlook in Microsoft 365 can be HIPAA compliant with proper configuration and security measures.
Featured Images: pexels.com