Retention of emails in healthcare

Email retention refers to the policies and practices governing how long emails are stored, archived, or deleted. In the healthcare sector, where sensitive patient information is often communicated, retaining emails appropriately is vital to maintaining patient confidentiality, complying with regulations, and ensuring organizational efficiency.

Legal and regulatory considerations

Healthcare organizations must adhere to several regulations concerning email retention, including:

• Health Insurance Portability and Accountability Act (HIPAA): The HHS states that the HIPAA Privacy Rule does not specify how long to retain medical records; instead, “State laws generally govern how long medical records are to be retained.” However, HIPAA mandates the maintenance of certain documents to protect the privacy and security of the PHI they contain. The retention period for these documents is a minimum of six years from the date of creation or the date when they were last in effect.
• State regulations: Different states may have additional regulations regarding record retention. It is essential to be aware of these laws to ensure compliance.
• The Sarbanes-Oxley Act (SOX): For publicly traded healthcare companies, SOX requires the retention of business records, including emails, for at least seven years.

See also: HIPAA Compliant Email: The Definitive Guide

The importance of email retention in healthcare

Proper email retention is crucial for several reasons:

• Patient privacy and confidentiality: Retaining emails according to HIPAA ensures that patient information remains confidential and secure.
• Legal protection: A well-defined email retention policy can protect healthcare organizations in legal disputes, as it demonstrates compliance with regulations and a commitment to patient privacy.
• Operational efficiency: A structured email retention strategy can enhance organizational efficiency by streamlining communication and ensuring that important information is easily accessible when needed.

Best practices for email retention

• Develop a clear email retention policy: A comprehensive email retention policy must outline the retention duration, archiving/deleting procedures, and employee roles and responsibilities in managing email retention.
• Implement an email archiving solution: Consider using an email archiving solution that can automatically store and manage emails based on your retention policy. 
• Educate staff on retention policies: Conduct regular training sessions to ensure all employees understand the email retention policy, the importance of compliance, and the procedures for managing emails. Training should cover how to identify and handle emails containing sensitive information.
• Regular audits and monitoring: Implement a system for regularly auditing and monitoring email retention practices, which can help identify potential compliance issues and ensure that staff adhere to the established policies.
• Use technology for automation: Leverage technology to automate email retention processes, including automating alerts for emails approaching their retention date and systems that facilitate archiving and deleting emails as per the policy.

See also: What are HIPAA's email archiving and retention requirements

FAQs

Can healthcare organizations delete emails after the retention period ends?

Once the retention period specified by state laws or organizational policies ends, healthcare organizations can securely delete emails, ensuring that they are no longer accessible and that sensitive information is permanently removed.

How can healthcare organizations ensure HIPAA compliance with email retention?

To ensure HIPAA compliance, healthcare organizations should:

• Implement an email retention policy in line with HIPAA’s six-year record retention rule.
• Use encrypted email services to protect emails containing PHI.
• Regularly audit email systems to ensure compliance.
• Train staff on how to handle emails with PHI appropriately.

What types of emails need to be retained under healthcare regulations?

Emails that include protected health information (PHI), business communications, legal correspondence, and any communications related to patient care or medical records should be retained according to the organization’s retention policy and relevant laws.

Read more: Defining which emails to retain