Email is one of the most common ways healthcare organizations communicate, but it’s also a leading cause of HIPAA violations. From accidental data leaks to unencrypted transmissions, even small mistakes can result in hefty fines, legal action, and reputational damage.
Read more: Why HIPAA breaches related to email are so common
1. Sending unencrypted emails containing PHI
According to the U.S. Department of Health and Human Services (HHS), unencrypted emails are a common cause of HIPAA breaches, often resulting in significant fines and penalties. For example, in the case of Solara Medical Supplies, LLC (Solara), the healthcare provider was fined $3,000,000 for failing to encrypt emails containing protected health information (PHI).
How to avoid it:
Learn more: Safely transmitting PHI
2. Failing to obtain a Business Associate Agreement (BAA)
If your organization uses a third-party email provider, failing to sign a Business Associate Agreement (BAA) is a serious HIPAA violation. A BAA ensures that the vendor complies with HIPAA regulations and protects PHI.
How to avoid it:
- Always sign a BAA with your email provider before using their services.
- Verify that the provider offers HIPAA compliant features, such as encryption and secure storage.
- Regularly review and update BAAs to ensure ongoing compliance.
3. Accidental disclosure of PHI
Accidentally sending PHI to the wrong recipient is a common yet costly mistake. Whether it’s a typo in the email address or an attachment sent to the wrong person, these errors can lead to significant HIPAA violations.
How to avoid it:
- Double-check email addresses and attachments before hitting send.
- Use email solutions with built-in safeguards, such as Paubox’s DLP features, to flag potential errors.
- Train staff on the importance of verifying recipient information and handling PHI carefully.
Go deeper: When PHI is sent to the wrong email address
4. Lack of employee training on email security
Human error is one of the leading causes of HIPAA violations. A 2023 report found that 95% of healthcare data breaches involved human error, highlighting the need for ongoing training. Without proper training, employees may fall for phishing scams, mishandle PHI, or fail to follow email security protocols.
How to avoid it:
- Conduct regular training sessions on HIPAA compliance and email security best practices.
- Use simulated phishing attacks to test employee awareness and reinforce training.
- Create a culture of security where employees feel responsible for protecting patient data.
Related: The role of employee education in email security for healthcare organizations
5. Using non-compliant email platforms
Many healthcare organizations unknowingly use email platforms that aren’t HIPAA compliant. These platforms lack the necessary security features to protect PHI, putting your organization at risk.
How to avoid it:
- Switch to a HIPAA compliant email solution like Paubox, which offers encryption, DLP, and BAAs.
- Avoid using free or consumer-grade email services for transmitting PHI.
- Regularly audit your email systems to ensure compliance with HIPAA regulations.
Read more: What are the consequences of non-compliance with HIPAA email rules?
FAQs
What is considered a HIPAA email violation?
A HIPAA email violation occurs when PHI is transmitted via email in a way that violates HIPAA rules. This includes sending unencrypted emails, accidentally disclosing PHI to the wrong recipient, or failing to have a BAA with your email provider.
What is email encryption, and why is it important?
Email encryption ensures that PHI is securely transmitted and cannot be accessed by unauthorized parties. It’s a critical safeguard to prevent data breaches and comply with HIPAA regulations. Solutions like Paubox provide seamless encryption, allowing recipients to read emails directly in their inboxes without additional steps.
How do I know if my email system is HIPAA compliant?
Your email system is HIPAA compliant if it uses encryption to protect PHI in transit, you have a signed BAA with your email provider, it includes safeguards like DLP and spam filtering, and regular risk assessments are conducted to identify and address vulnerabilities. These measures ensure that your email system meets HIPAA requirements and protects sensitive patient information.
