Why implement HIPAA compliant email rules?

Healthcare organizations must implement HIPAA compliant email rules to protect patient privacy, secure sensitive health information, and comply with regulations. These rules help prevent data breaches, unauthorized access, and penalties by ensuring emails containing protected health information (PHI) are encrypted, access is restricted, and only the minimum necessary information is shared. 

What are HIPAA's email rules?

According to the HHS, "The Privacy Rule allows covered health care providers to communicate electronically, such as through e-mail, with their patients, provided they apply reasonable safeguards when doing so.". These include:

• Encryption: Emails containing PHI must be encrypted to protect the information from unauthorized access.
• Access controls: Only authorized individuals should have access to email accounts and devices that handle PHI.
• Minimum necessary rule: Emails should contain only the minimum amount of information required for the intended purpose.
• Risk assessments: Organizations must regularly assess their email systems for vulnerabilities and implement security measures to address risks.
• Patient consent: Patients should be informed of the risks associated with email communication, and their permission must be obtained before using email to share PHI.

Legal compliance with HIPAA

The HIPAA Privacy and Security Rules apply to email communications containing PHI. Failure to comply can result in penalties, including fines ranging from $100 to $50,000 per violation, depending on the level of negligence. Even unintentional violations can result in costly legal consequences. Organizations can ensure they remain within the boundaries of the law by implementing HIPAA compliant email practices. 

Related: What are the consequences of non-compliance with HIPAA email rules?

Protecting patient privacy

HIPAA requires covered entities to protect patient information by using safeguards like encryption, limiting the information shared in emails to what is strictly necessary for the intended purpose, and following HIPAA’s “minimum necessary” rule. Healthcare organizations can protect patient privacy and avoid the risks associated with unsecured communications by maintaining secure email communication.

Ensuring data security 

Healthcare data can be at risk of cyberattacks, phishing schemes, and data breaches. The HIPAA Security Rule requires that healthcare organizations protect electronic PHI through appropriate technical safeguards, including encryption and access controls. 

Related: How cyberattacks can disrupt healthcare services

How to implement HIPAA compliant email rules

• Use a HIPAA compliant email provider: Select an email provider that offers encryption and other security measures specifically designed for HIPAA compliance. Ensure they are willing to sign a BAA.
• Encrypt all emails containing PHI: Any email containing PHI must be encrypted before it is sent. Many secure email providers automate this process, making it easier for staff to comply.
• Limit email content: Ensure communications include only the necessary information, avoiding sensitive details unless absolutely required.
• Conduct risk assessments: Regularly assess your email systems for vulnerabilities and update security measures.
• Train staff: Educate all staff members on the importance of HIPAA compliant email practices, including how to handle PHI and avoid security risks.

FAQs

Do internal emails between staff members need to be HIPAA compliant?

Even internal emails between staff that contain PHI must comply with HIPAA. That includes using encryption, access controls, and ensuring only authorized personnel can access the information.

How often should healthcare organizations update their email security measures?

Healthcare organizations should regularly update their email security based on ongoing risk assessments, which HIPAA requires to be conducted periodically to address new vulnerabilities or threats.

Is using free email services allowed under HIPAA?

No, free email services are not considered HIPAA compliant unless they are configured with encryption and a signed BAA is in place with the service provider.

Read more: How can I send free HIPAA compliant emails?