Are Replies to Encrypted Emails also Secure?

Business Solutions, HIPAA Compliant Email
LuxSci
December 26, 2023

Sending HIPAA-compliant emails is easy when you use an encryption solution like LuxSci. But what happens when someone replies to an encrypted message? Are the replies also secure? This is primarily a concern when using SMTP TLS as a secure means of email delivery.

This article will explain how messages are sent securely, how replies behave, and whether they are secure and compliant. At the end, we provide some recommendations for how to balance security and usability.

How are HIPAA-compliant Secure Emails Sent?

In general, there are four ways to securely send HIPAA-compliant email messages to a recipient. The way the original message is encrypted will determine the nature of how secure the reply is.

PGP and S/MIME Encryption

LuxSci supports these highly secure email encryption methods for those who wish to use them. However, as they require more setup and coordination with your recipients, most HIPAA-compliant accounts use something other than PGP and S/MIME for business email communications.

To send messages using PGP and S/MIME encryption, you must exchange certificates with the recipient and install them in the mail client to encrypt and decrypt messages. Some organizations will use this technology for internal communications because they can manage the setup. However, this method is impractical for securing large-scale external communications. When most people talk about encrypted email messages, they refer to one of the methods: secure web portal or SMTP TLS encryption.

Secure Web Portal Encryption

Messages that utilize the secure web portal method of encryption are secured, stored, and accessed via a secure database. It works like this. The sender’s message is sent to a secure web portal, and a simple notification message (that does not contain PHI) is sent to the recipient. The recipient clicks on a link in this notice, verifies their identity by logging in, and then can access the message within the portal.

This is very secure and works with any recipient’s email address. However, accessing the message requires extra work on the recipient’s part. They must log into the portal to read the secure message.

SMTP TLS Encryption

Messages encrypted with SMTP TLS appear like any other email in the recipient’s inbox. They are only encrypted as they are transmitted from the sender’s servers to the recipient’s servers. Unless the recipient knows where to look in the metadata, they may not know TLS-encrypted messages are secured at all.

Unlike secure web portal encryption, which can send encrypted messages to any active email address, SMTP TLS can only be used to secure messages if the recipient’s email service supports the technology. Today, the majority of email providers support TLS. However, some older email service providers do not. If the recipient’s servers do not support TLS, you cannot send them encrypted messages using this technology.

Are Replies to Encrypted Emails Also Encrypted?

That brings us back to our original question: are replies to encrypted emails also secured? The answer will depend on what type of encryption was initially used. When your recipient replies to your HIPAA-compliant secure email message, here is what could happen:

PGP and S/MIME Replies

We won’t spend much time discussing PGP and S/MIME, but we will answer the question. Replies to email messages secured with PGP and S/MIME encryption will also be encrypted, assuming all certificates are correctly configured.

Secure Web Portal Replies

Most secure web portals offer an option for the recipient to reply directly within the portal. If the recipient replies in the portal, the message is automatically secured with the same high level of encryption it was sent with.

However, we can’t assume that the recipient will use the portal to reply. Some people could use their email program to reply to the notification message instead of using the portal. In that case, the reply may or may not be secure, depending upon whether their email system supports TLS or other email security measures. It’s best to assume these replies to the notification message will be insecure.

Replies to SMTP TLS Messages

When a recipient replies to an email sent using SMTP TLS, they use their regular email system to send that message. This may or may not be secure, depending on whether their email system supports TLS or other email security measures. For HIPAA compliance reasons, you should assume that the message will be sent insecurely.

If the Reply to an Encrypted Message is Insecure, Is the Email Non-Compliant?

That leads us to an interesting follow-up question- if replies to encrypted messages are not secure, does this mean the system is non-compliant?

The short answer is: No.

Why? HIPAA only applies to covered entities and their business associates. To comply with HIPAA regulations, these organizations must properly secure any PHI transmitted or stored in their systems. Patients are not subject to HIPAA regulations.

The patient can choose to send their information insecurely or use alternate channels like a phone call or in-person appointment to communicate their health information if concerned about the security of their account. When a patient replies to a message from their healthcare provider, they are transmitting their own information and do not have to do so securely.

Should SMTP TLS be Used to Send HIPAA-Compliant Secure Emails?

HIPAA is notoriously technology-neutral. It tells you what to do but not how to do it. As a result, what is minimally required and what is best are sometimes very different things. Because of that, customers have a wide range of expectations for how they would like things to work.

At LuxSci, HIPAA-compliant email accounts have SMTP TLS enabled automatically, so every message is sent with a base level of encryption. This is for maximum usability. Customers can turn off SMTP TLS as the sole method of secure email delivery or use it only for selected recipients (like their co-workers). It is up to the customer to choose which encryption methods they think are best for their organization. At a minimum, using TLS is better than using no encryption, but each organization will have different requirements and risk factors.

There are no compliance reasons why SMTP TLS should not be used. Still, organizations may want to reduce their risk by increasing the level of encryption when sending communications that contain PHI to patients.

Recommended Best Practices For Sending HIPAA-Compliant Secure Emails

The best practices for security are often at odds with the best user experience. This is often true in security and HIPAA compliance. Finding the right balance of security and usability is essential to protect patient data and meet business objectives. Utilizing TLS for some emails and secure web portal encryption for others is likely the best solution. When spreading awareness and engaging patients with low-sensitivity messages like appointment and vaccine reminders is the goal, using TLS (with some fallback or exclusion to avoid sending insecurely) is likely the right idea. When sending highly sensitive information like lab results, medical records, or billing statements, using a more secure form of encryption, like a secure web portal, is wise to reduce the risk of inappropriate disclosures.

Contact our sales team today to learn more about LuxSci’s flexible and secure HIPAA-compliant email options.

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Why is High Email Deliverability Essential for Healthcare Companies?

June 30, 2025
Pete Wermter

With email communication playing a critical role in the customer engagement strategies of virtually every organization, high email deliverability rates are vital to success across all industries. In the healthcare sector, however, the stakes can be far higher. An undelivered email isn’t merely an inconvenience or a lost sales opportunity; it could mean a missed appointment, a delay in a prescription refill, or a failure to get a patient critical healthcare information. Or worse, the email could end up in the hands of an unintended recipient, including bad actors and cybercriminals.

With this in mind, this post details why high email deliverability is essential for healthcare companies, as well as how your organization benefits from reliable and rapid email delivery.

Speed and Efficiency

The primary reason that high email deliverability is crucially important to healthcare organizations is to best guarantee essential communications that directly impact an individual’s healthcare journey reach them promptly. These transactional emails can include appointment reminders, prescription renewals, product order confirmations, test results, explanation of benefits notices, payment reminders, and invoices. Administrative notifications related to software or systems that a patient might use, such as a password reset for an online portal, also fall under the category of transactional emails.

When transactional emails are delayed or fail to reach people altogether, they can compromise a patient’s ability to access care, adhere to treatment plans, stay informed on key facets of their healthcare journey, and, ultimately, achieve optimal health outcomes.

When a patient fails to receive an expected email, such as a prescription confirmation, for example, it can leave them feeling confused and unsure of what to do next. For individuals who are sick, elderly, or managing chronic conditions, this can cause unnecessary stress, anxiety, and even compromise adherence to care plans.

In contrast, high email delivery rates create the opposite effect, helping patients get the communications and information they need. This increases their trust in your company and gives them a firmer sense of control over their healthcare journey.

Compliance with HIPAA Regulations

While the above point stresses the importance of reliable email delivery for the patient’s and customer’s benefit, healthcare companies also have a vested interest in ensuring communications reach the intended recipient for regulatory and patient privacy reasons.

To comply with the Health Insurance Portability and Accountability Act (HIPAA), emails that contain sensitive patient data, i.e., electronic protected health information (ePHI), must be securely delivered to the intended recipient. If, on the other hand, a communication containing ePHI fails to reach the intended recipient patient, that represents a failure in secure communications and a potential HIPAA violation for your organization.

After all, where did the patient’s data go? Was it delivered to the wrong person? Was it blocked by a spam filter and is left sitting unencrypted on a server somewhere?

If you can’t answer these questions, you could be exposed to a data breach, and it could result in a HIPAA violation, meaning your organization incurrs the associated consequences, including financial penalties and reputational damage. Conversely, deploying a fully HIPAA compliant email solution, such as LuxSci, supported by a dedicated infrastructure and designed for high email delivery enables your organization to include patient data in communications with confidence and ensure you messages land in the recipient’s inbox.

Greater Levels of Personalization and Engagement

Finally, high email deliverability rates are essential for healthcare organizations because they help drive greater levels of engagement with patients and customers. Higher email deliverability means better inbox placement, leading to more emails being opened, more links being clicked, and more conversions for your communications and campaigns.

In the case of healthcare retailers, for example, this equates to converting more prospects into customers and, consequently, maximizing the ROI of email marketing campaigns, in some cases with up to 80% better results.

While healthcare marketers, understandably, focus most of their efforts on crafting attention-grabbing headlines, personalizing the message content, and the email’s design elements, these factors are rendered irrelevant if the message fails to reach the recipient in the first place! When you take this into account, high email deliverability is a crucial component in optimizing the ROI of email communications and campaigns, and an all too often overlooked component at that.

Get Your Copy LuxSci’s Achieving High Email Deliverability Best Practices Paper

To learn more about the importance and value of high email deliverability for healthcare companies, download your copy of LuxSci’s latest Best Practices Paper: How to Achieve High Email Deliverability in Healthcare. You’ll discover:

How to opitmize performance for the different types of healthcare emails.
Powerful strategies for increasing your company’s email deliverability rates.
How small increases in email deliverability can have considerable effects on your marketing ROI

Grab your copy of the report here, and learn how to enhance your email deliverability rates today.

What is a HIPAA Email API?

June 25, 2025
Ian Snipper

A HIPAA email API is a programming interface that allows healthcare applications to send secure emails containing protected health information while maintaining compliance with HIPAA regulations. These APIs provide developers with tools to integrate encrypted email functionality into healthcare software systems while automatically handling security requirements, audit logging, and PHI protection measures. Healthcare software development increasingly requires email capabilities for patient notifications, care coordination, and administrative communications. Standard email APIs lack the security controls and compliance features necessary for healthcare applications that handle sensitive patient data.

Technical Architecture and Security Framework

REST and SOAP protocols provide the foundation for most HIPAA email APIs, enabling healthcare applications to integrate email functionality through standard web service interfaces. These protocols support secure authentication and encrypted data transmission while maintaining compatibility with diverse healthcare technology environments. Message queuing systems help manage email delivery during high-volume periods while maintaining security controls throughout the transmission process. Healthcare applications can submit emails to secure queues where they receive encryption and compliance validation before delivery to recipients. Error handling mechanisms ensure that failed email transmissions do not compromise PHI security or leave sensitive data exposed in log files. HIPAA email APIs must provide detailed error information to developers while protecting patient information from unauthorized disclosure.

Authentication and Authorization Protocols

API key management provides secure access control for healthcare applications using email services. These keys must include appropriate permissions and expiration policies that prevent unauthorized access while enabling legitimate healthcare communications, allowing healthcare applications to authenticate users and obtain appropriate permissions for sending emails on their behalf. These protocols help ensure that only authorized personnel can trigger email communications containing PHI.

LuxSci supports three industry-standard authentication methods—alongside its proprietary LuxSci Secure option. These include:

OAuth 2.0 – The modern standard. Secure, flexible, and ideal for enterprise-scale integrations.
API Key – Simple and efficient. Ideal for server-to-server use when convenience matters most.
Basic Authentication – Straightforward, widely supported. Good for internal systems and quick testing.

For those who want the tightest possible control over API sessions—including HMAC signatures and session revocation—LuxSci Secure authentication remains the best option for customers.

Message Formatting, Template Management, and Security

MIME and S/MIME encoding support enables healthcare applications to send rich-text emails with attachments while maintaining encryption and security controls. These capabilities allow inclusion of medical images, test results, and formatted reports within compliant email communications. Template engines help healthcare developers create standardized email formats that include dynamic patient data while preventing inappropriate PHI disclosure. These systems can validate content against organizational policies before message transmission. Attachment handling procedures ensure that medical documents and images receive appropriate encryption and access controls when included in email communications. HIPAA email APIs must provide secure upload and transmission capabilities for healthcare file attachments.

Delivery Tracking and Status Reporting

Real-time delivery status updates help healthcare applications track email transmission progress and identify potential delivery issues. These status reports must provide actionable information without exposing PHI to unauthorized systems or personnel. Read receipt capabilities enable healthcare applications to confirm that recipients have accessed important medical communications. These features help care coordination while maintaining appropriate privacy protections for patient email interactions. Bounce management systems handle failed email deliveries appropriately while protecting PHI from exposure through error messages or automated responses. Healthcare applications need visibility into delivery problems without compromising patient privacy.

Compliance Logging and Audit Features

Automated audit trails capture detailed information about all email activities initiated through HIPAA email APIs. These logs must include sender identification, recipient information, transmission timestamps, and delivery status while protecting actual message content from unauthorized access. Compliance reporting features help healthcare organizations track their email usage patterns and identify potential policy violations. These reports can highlight unusual sending volumes, unauthorized recipient addresses, or messages that might violate PHI handling policies. Data retention controls ensure that API logs and message metadata comply with healthcare record-keeping requirements while managing storage costs and system performance. Healthcare organizations can configure retention periods based on their regulatory and operational needs.

Integration Patterns for Healthcare Applications

Electronic health record system (EHR), customer data platform (CDP), and Revenue Capture Management (RCM) platform integrations can enable automatic email messages and notifications to be sent based on clinical events like lab result availability or appointment scheduling changes. These integrations must respect minimum necessary standards while providing timely patient communications. Workflow automation allows healthcare applications to trigger email sequences based on patient care milestones or administrative requirements, tailoring communications based on user actions taken with each email. For example, healthcare organizations might send automated email reminders about upcoming appointments or medication refills. Batch processing capabilities enable healthcare organizations to send large volumes of patient communications efficiently while maintaining security controls and HIPAA compliance. These features support activities like appointment reminders, wellness newsletters, or billing notifications that affect many patients simultaneously.

Performance Optimization and Scalability

Rate limiting controls help healthcare organizations manage email volumes while preventing abuse or accidental bulk sending that might violate patient communication policies and damage your IP reputation. These controls can be customized based on organizational needs and user roles. Caching mechanisms improve API performance by storing frequently used templates and configuration data while maintaining appropriate security controls. These optimizations help reduce response times for healthcare applications without compromising PHI protection. Load balancing systems ensure reliable email delivery during peak usage periods when healthcare organizations send high volumes of patient communications. These systems must maintain security controls while distributing processing loads across multiple servers.

Testing and Development Support

Sandbox environments enable healthcare developers to test email functionality without exposing real patient data or sending communications to actual patients. These testing systems provide realistic API responses while using protected data that supports thorough integration testing. Documentation and code samples help healthcare development teams implement HIPAA email API functionality correctly while understanding security requirements and compliance obligations. These resources should include examples for common healthcare use cases and integration scenarios.

Finally, support services provide healthcare developers with technical assistance and compliance guidance during implementation and ongoing operations. API providers should offer expertise in both technical integration and healthcare regulatory requirements to ensure successful deployments.

On-Demand Webinar: HIPAA Compliant Email Marketing – 20 Tips in 20 Minutes

June 24, 2025
Pete Wermter

Healthcare marketers and compliance professionals—this one’s for you.

LuxSci’s latest on-demand webinar, HIPAA Compliant Email Marketing: 20 Tips in 20 Minutes, delivers practical, fast-paced guidance to help you run secure, compliant, and results-driven healthcare email marketing campaigns.

Watch the Webinar

What You’ll Learn

The session is packed with actionable insights to help you safely navigate the world of HIPAA compliant email marketing, including:

How to leverage PHI safely and effectively for email personalization
Best practices for email messaging and content
Tips for segmenting and targeting audiences to boost engagement
How to stay HIPAA compliant
Automation and list-building strategies for smarter workflows
How to avoid common compliance pitfalls and reduce regulatory risk
Technical tips for email encryption, access protocols, and email retention and storage

Whether you’re leading digital strategy, building campaigns, or ensuring HIPAA compliance for your healthcare marketing efforts, this webinar provides timely and useful information on secure healthcare communications and what you need to know to keep you business safe and your patient data secure.

At LuxSci, we empower healthcare providers, payers, and suppliers to personalize their healthcare engagement efforts and better connect with patients and customers—securely, compliantly, and effectively.

Watch the Webinar

What Is a HIPAA Compliant Email API?

June 23, 2025
Ian Snipper

HIPAA compliant email API enables healthcare applications to send automated emails containing protected health information through secure programming interfaces that meet HIPAA Security Rule requirements. These APIs provide encryption, access controls, and audit logging capabilities while allowing developers to integrate email functionality into healthcare software without compromising patient privacy or regulatory compliance. Healthcare software applications increasingly need automated email capabilities for appointment reminders, test results, billing notifications, and care coordination communications. Standard email APIs lack the security features and compliance controls necessary for transmitting PHI, requiring specialized solutions designed for healthcare use cases.

API Authentication and Access Controls

HIPAA compliant email APIs implement robust authentication mechanisms that verify the identity of applications and users before allowing access to email services. These systems typically use API keys, OAuth tokens, or digital certificates to establish secure communication channels between healthcare applications and email services. Role-based access controls allow healthcare organizations to limit API functionality based on user privileges and business needs. Appointment scheduling systems might have permission to send calendar reminders while being restricted from accessing patient medical records or billing information. Rate limiting and usage tracking help prevent unauthorized bulk email sending and detect potential security threats. API providers monitor usage patterns and can automatically restrict access when they detect unusual activity that might indicate compromised credentials or malicious use.

Message Encryption and Security Features

Email messages sent through HIPAA compliant APIs receive automatic encryption during transmission and storage. These systems typically support multiple encryption standards including TLS for transport security and end-to-end encryption for message content protection. Message validation features help ensure that emails containing PHI meet compliance requirements before transmission. APIs can check for proper authorization, validate recipient addresses, and verify that message content follows organizational policies for PHI disclosure.

Secure message delivery tracking provides confirmation when recipients receive and access encrypted emails. This audit trail helps healthcare organizations demonstrate compliance with HIPAA requirements and provides documentation for potential breach investigations or regulatory audits.

Integration with Healthcare Workflows

HIPAA compliant email APIs connect seamlessly with electronic health record systems, practice management platforms, and other healthcare applications. These integrations enable automated patient communications that trigger based on clinical events, scheduling changes, or administrative milestones. Template management systems allow healthcare organizations to create standardized email formats that ensure consistent messaging while maintaining compliance controls. Templates can include dynamic content from patient records while preventing unauthorized PHI disclosure through automated formatting rules. Event-driven messaging capabilities enable real-time communications based on healthcare system activities. Laboratory systems can automatically send encrypted test results to ordering physicians immediately after completion, improving care coordination and reducing manual data entry requirements.

Audit Logging and Compliance Tracking

HIPAA compliant email APIs maintain detailed logs of all messaging activities including sender identification, recipient information, message content summaries, and delivery status. These logs provide the documentation necessary for compliance audits and breach investigations. Automated compliance reporting features help healthcare organizations track email usage patterns and identify potential policy violations. Reports can highlight unusual sending volumes, unauthorized recipient addresses, or messages that might contain inappropriate PHI disclosures.

Data retention policies ensure that API logs and message archives meet HIPAA requirements while managing storage costs and system performance. Healthcare organizations can configure retention periods based on their compliance needs and operational requirements.

Developer Tools and Documentation

API documentation provides healthcare software developers with detailed technical specifications, code samples, and integration guides for implementing HIPAA compliant email functionality. These resources help development teams understand security requirements and implement proper PHI handling procedures. Software development kits (SDKs) simplify API integration by providing pre-built libraries for common programming languages and frameworks. These tools handle encryption, authentication, and compliance features automatically, reducing the risk of implementation errors that could compromise PHI security. Testing environments allow developers to validate their integrations without exposing real patient data. Sandbox systems provide realistic API responses while using synthetic data that enables thorough testing of email functionality and error handling procedures.

Scalability and Performance Considerations

HIPAA compliant email APIs must handle varying message volumes without compromising security or compliance controls. Healthcare organizations experience different email patterns based on patient schedules, clinical activities, and administrative cycles that require flexible capacity management. Load balancing and redundancy features ensure reliable email delivery even during peak usage periods or system maintenance activities. API providers typically maintain multiple data centers and failover systems that prevent service disruptions from affecting patient communications.

Performance analytics help healthcare organizations optimize their email communications and identify potential bottlenecks in their workflows. Metrics include delivery speeds, error rates, and system response times that enable proactive performance management and capacity planning.

Which Platform is HIPAA Compliant?

January 8, 2025
Erik Kangas

No platform is automatically HIPAA compliant without proper configuration and implementation. Major cloud platforms like AWS, Microsoft Azure, and Google Cloud can support HIPAA compliance when configured correctly and covered by a Business Associate Agreement (BAA). Healthcare organizations must implement appropriate security controls, access restrictions, and monitoring regardless of which platform they select. The HIPAA compliance of any platform depends on both vendor capabilities and how organizations implement and maintain their systems, as well as their willingness to sign BAA.

Cloud Service Provider Options

Major cloud providers offer environments that support healthcare applications when properly configured. Amazon Web Services (AWS) provides HIPAA compliant services with appropriate security features and BAA coverage. Microsoft Azure includes healthcare-focused compliance documentation and security implementations that align with HIPAA requirements. Google Cloud Platform offers similar capabilities with HIPAA eligible services listed in their compliance documentation. These platforms provide the foundation for building HIPAA compliant applications, but don’t deliver compliance automatically. Healthcare organizations must understand which services within each platform qualify for BAA coverage and how to configure them properly.

Electronic Healthcare Record System Platforms

EHR platforms typically include built-in features designed for HIPAA compliance. Systems like Epic, Cerner, and Athenahealth incorporate security controls, access management, and audit logging capabilities aligned with healthcare regulations. These platforms still require proper implementation and configuration to achieve actual compliance. Organizations using EHR systems must apply appropriate security settings, user permissions, and monitoring tools. Staff need training on maintaining compliance within these environments. Even with healthcare-focused platforms, organizations maintain responsibility for overall HIPAA compliance including staff procedures, proper system usage, and ongoing security management.

Customer Data Platforms

A Customer Data Platform (CDP) provide as a central repository for all data within your organization. A CDP consolidates and centralized data from various applications and sources, including customer relationship management (CRM) systems, social media channels, communications channels, and more to create a comprehensive unified customer profile. In healthcare, a HIPAA compliant CDP can help ensure that all patient interactions comply with strict data protection laws, safeguarding PHI in ways that optimize personalization without compromising privacy. Integrating HIPAA-compliant communications, such as email, with CDPs enable healthcare providers, payers and suppliers to devleop more relevant, timely, and consistent communications with their patients and customers.

Video Conferencing and Messaging Solutions

Healthcare teams use various communication platforms that must maintain patient information security. Microsoft Teams can support HIPAA compliant communication when implemented as part of a properly configured Microsoft 365 environment with a BAA. Zoom for Healthcare provides a version of their video platform with additional security features and BAA coverage. Standard consumer messaging applications like regular Zoom, WhatsApp, or Facebook Messenger lack appropriate security features for protected health information. Healthcare organizations must distinguish between regular communication tools and versions designed for healthcare use. Staff training should clearly identify which platforms may handle patient information.

Patient Engagement Web Platforms and Patient Portals

Healthcare organizations use various website platforms and patient portals for patient interaction. Content management systems like WordPress can support HIPAA compliance with proper hosting, security plugins, and configuration. Patient portal systems from vendors like Athenahealth, NextGen, and eClinicalWorks include features designed for compliance with healthcare regulations. Website platforms require careful attention to form handling, data storage, and transmission security. Organizations often separate public website content from patient portals to maintain appropriate security boundaries. The compliance status depends not just on the platform selection but on implementation details and ongoing maintenance.

Mobile Health Applications

Mobile health applications create distinct HIPAA compliance challenges. Development platforms like Apple iOS and Android don’t automatically create HIPAA compliant applications. Developers must implement security measures including encryption, authentication, and secure data storage. Mobile device management (MDM) solutions help organizations maintain security on devices accessing patient information. Healthcare organizations need policies governing mobile application usage and development standards. Testing should verify security implementations before deploying applications handling patient data. The mobile strategy must address both organization-provided and personal devices.

Platform Selection Methodology

Healthcare organizations benefit from following a structured approach when selecting platforms for handling protected health information. This process begins with documenting workflow requirements and data handling needs. Organizations should request compliance documentation from vendors including BAA availability and security capabilities. Implementation plans need to address configuration requirements for maintaining compliance. Ongoing management procedures should include regular security assessments and updates. Organizations often consult with healthcare security experts when making platform decisions. A thorough evaluation process helps balance functional requirements against security needs while identifying appropriate HIPAA compliant marketing solutions.

HIPAA-Compliant Email Marketing: FAQ

November 21, 2023
LuxSci

Email is an essential channel for most marketers. However, HIPAA regulations raise many questions for healthcare marketers who need to execute email marketing campaigns without violating patient privacy.

HIPAA is a complicated law that offers a lot of guidance but does not require the use of any specific technologies to protect patient privacy. The ambiguity causes a lot of confusion for marketers trying to integrate email into their marketing strategy. This article addresses some frequently asked questions about HIPAA-compliant email marketing and offers advice for securing patient data and futureproofing your marketing.

Do generic practice newsletters need to be protected?

Some marketers assume practice newsletters do not contain health information and, therefore, do not fall under HIPAA requirements. However, this assumption is often incorrect. Many are surprised to learn that protected health information can be implied from seemingly benign information.

In this way, many generic email newsletters often indirectly contain PHI because they are sent to lists of current patients. Email addresses are individually identifiable and combined with the email content; it may imply that they are patients of the practice. For example, say you send a “generic” newsletter to the patients of a dialysis clinic. An eavesdropper may be able to infer that the recipients receive dialysis. Therefore, the email reveals information about an individual’s health treatment, is PHI, and should be secured in compliance with HIPAA regulations.

In some cases, it can be complicated to determine what is PHI and what is not. Using a HIPAA-compliant marketing solution is best to avoid ambiguity and ensure security.

How Do I Find a HIPAA-Compliant Email Marketing Vendor?

Unfortunately, using broadly popular email marketing platforms is not recommended. Many of these platforms were designed for e-commerce businesses and are not secure enough to meet HIPAA requirements. We do not recommend using a solution not specifically equipped to meet the healthcare industry’s unique security and compliance needs. To determine if your email marketing provider is compliant, they must meet three broad criteria at a minimum.

The vendor must sign a Business Associate Agreement outlining how they plan to secure your data and what they will do in the event of a breach.
Encrypt data at rest when it is stored in their systems.
Encrypt email messages and data in transit as it is sent to the recipients.

Not all vendors will be up to the task. Carefully vet your email marketing vendors to ensure they are taking steps to secure data and protect patient privacy.

What is an Email API?

API is an acronym that stands for “Application Programming Interface.” An email API gives applications (like CRMs, CDPs, or EHRs) the ability to send emails using data from the application. Email APIs also return campaign data to the platform or dashboards so you can assess the effectiveness of your marketing efforts. Trigger-based transactional or marketing emails are ideal for sending with an email API. In this situation, emails are sent when pre-determined conditions in the application are met. Healthcare organizations may use email APIs to send appointment reminders using electronic health records system data about a patient’s upcoming appointment.

Email APIs enable the automation of common email workflows. However, they are not interchangeable with email marketing platforms. Email APIs do not include the contact management systems standard in most email marketing platforms because all that data lives within the application they connect to. In addition, email API tools typically do not include drag-and-drop editor tools or other design features that help your emails stand out.

Does HIPAA permit providers to send unencrypted emails with PHI to patients?

Encryption is an addressable standard under the HIPAA Security Rule, but that does not mean it is optional. The HIPAA Privacy Rule does not explicitly forbid unencrypted email. Still, it does state that “other safeguards should be applied to protect privacy reasonably, such as limiting the amount or type of information disclosed through the unencrypted email.”

In addition, the Department of Health and Human Services also states that “covered entities are permitted to send individuals unencrypted emails if they have advised the individual of the risk, and the individual still prefers the unencrypted email.” Some organizations use waivers to inform patients of the risks and acquire permission to send unencrypted emails.

However, we do not recommend this approach for several reasons:

Keeping track of waivers over time and recording status changes and updates is challenging.
Signed waivers do not insulate you from the consequences of a HIPAA breach.
And finally, using waivers to send unencrypted emails doesn’t eliminate your other HIPAA obligations like data retention and disposal. Using a HIPAA-compliant solution is more manageable and eliminates ambiguity.

Can patients exercise their right of access by receiving PHI via unencrypted email?

Yes, but they must be fully informed of the risks and sign waivers acknowledging them. The caveats in the previous answer apply. It’s always better to utilize an encryption tool to protect patient data.

Is Microsoft 365 or Exchange 365 encryption sufficient for marketing emails?

Microsoft 365 can be configured with Office Message Encryption (OME) to comply with HIPAA. However, the program is not well-suited to send marketing emails. OME primarily relies on portal pickup encryption, in which the message is stored securely on a server and requires the recipient to log in to the portal to read the email. If you are a marketer trying to increase engagement, the portal adds a barrier to access that many will not cross. Light-PHI marketing messages are best sent using TLS encryption. TLS-encrypted messages arrive in the recipient’s inbox just like a regular email and do not require a user to log in to read the message.

In addition, Microsoft 365 is not configured to send high volumes of email. If you plan to send large marketing campaigns, you could unintentionally disrupt regular business communications by sending all the messages through the same infrastructure. You should separate your business and marketing email sending to protect your IP reputation and achieve your desired sending throughput.

What are common email marketing use cases for healthcare?

Email marketing in healthcare is not restricted to boring practice newsletters. When you utilize tools that enable the use of PHI in your targeting and personalization efforts, the sky is the limit. With consumer preferences shifting toward digital communications, marketers willing to utilize the email channel and tactics like segmentation and personalization can see better results.

Email is an excellent way to communicate with patients. A sampling of ways that healthcare marketers can use email include:

engaging patients in their healthcare journey
educating patients about their healthcare conditions and treatments
improving attendance and scheduling
retaining patients
increasing preventative procedures
collecting data on the patient experience
improving patient satisfaction

Conclusion

HIPAA can be difficult to understand, but choosing the right tools and adequately vetting your vendors makes it easy to execute HIPAA-compliant email marketing campaigns. If you are interested in learning more about LuxSci’s easy-to-use, Secure Marketing platform, please contact our sales team.

Is Microsoft Forms HIPAA Compliant?

December 9, 2024
Erik Kangas

Microsoft Forms is considered HIPAA compliant only when properly configured within a Microsoft 365 Enterprise or Business environment with an executed Business Associate Agreement (BAA). Unlike various competing products, Microsoft includes Forms among its covered services in its BAA, allowing healthcare organizations to collect protected health information when implemented with proper security controls and organizational policies.

Microsoft Business Associate Agreement Coverage

Microsoft offers a BAA that covers Microsoft Forms when used within a properly licensed Microsoft 365 environment. This agreement establishes Microsoft as a business associate under HIPAA regulations and defines responsibilities for protecting healthcare information. The BAA covers Microsoft Forms along with other Microsoft 365 services such as Exchange Online, SharePoint Online, and Teams. Healthcare organizations must execute this agreement before using Microsoft Forms to collect protected health information. The BAA establishes contractual protections beyond standard terms of service and the requirements of becoming HIPAA compliant.

Required Configuration for HIPAA Compliance

Making Microsoft Forms HIPAA compliant requires specific configuration beyond simply signing a BAA. Organizations must implement appropriate access controls using Microsoft 365 administrative settings to restrict form creation and data access to authorized personnel. Enabling audit logging through the Microsoft 365 Compliance Center helps track who creates, modifies, and accesses form data. Organizations need to configure retention policies that align with HIPAA record-keeping requirements. Multi-factor authentication adds an essential security layer for employees accessing protected health information. These technical controls work together to create a compliant environment for collecting patient information.

Security Features in Microsoft Forms

Microsoft Forms includes several security capabilities that support HIPAA compliance requirements. The platform encrypts data both during transmission and storage within Microsoft’s infrastructure. Access controls integrate with Microsoft 365 identity management to restrict form data visibility. Audit capabilities track form creation, modification, and response activities. Microsoft’s cloud infrastructure meets various compliance certifications beyond HIPAA, including FedRAMP, ISO 27001, and SOC standards. These underlying security measures provide the technical foundation for compliant form implementation when properly configured.

Limitations and Compliance Considerations

While Microsoft Forms can be HIPAA compliant, certain limitations require attention from healthcare organizations. The standard form templates do not include healthcare-specific authorization language required by the HIPAA Privacy Rule. Organizations must customize forms to include appropriate patient consent statements and privacy notices. Certain advanced features like form branching may create complexity in tracking what information appears to which respondents. Organizations need policies governing form creation and approval to ensure all necessary compliance elements appear consistently. These limitations require procedural controls beyond technical configuration.

Implementation Best Practices

Healthcare organizations implementing Microsoft Forms for collecting protected health information can benefit from following established best practices. Creating standardized form templates with pre-approved compliance language helps maintain consistency. Limiting form creation permissions to trained staff members reduces compliance risks. Regular privacy and security training for all employees who handle form data improves organizational awareness. Conducting periodic audits of form content and access patterns identifies potential compliance issues. Integrating forms with secure document storage in SharePoint improves information governance. These practices can enhance the security of patient information collected through electronic forms.

Alternative Form Solutions and Considerations

Microsoft Forms can be considered HIPAA compliant, but organizations should evaluate whether it provides the optimal solution for their needs. Specialized healthcare form platforms may offer additional features like electronic signature capture, direct EHR or CDP integration, or healthcare-specific templates. Microsoft Forms works best for organizations already invested in the Microsoft 365 ecosystem who need integrated form capabilities. The decision between Microsoft Forms and alternatives like LuxSci depends on factors including existing technology investments, integration requirements, complexity of form needs, and organizational resources for configuration and maintenance.

HIPAA Email Rules: What You Need to Know

October 16, 2024
LuxSci

The Health Insurance Portability and Accountability Act (HIPAA) is a complicated law that defines the standards for the secure collection, transmission, and storage of protected health information (PHI). When information is stored or exchanged electronically, the HIPAA Security and Privacy Rules require covered entities, i.e., organizations that handle PHI, to safeguard its integrity and confidentiality.

One of the most common ways that PHI is shared electronically is via email, so understanding HIPAA email rules is essential for achieving compliance and protecting sensitive data.

The HIPAA Email Security Rule

It’s important to note that HIPAA does not require the use of any specific technology or vendor to meet its requirements. Generally speaking, the Security Rule requirements for email fall into four categories:

Organizational requirements state the specific functions a covered entity must perform, including implementing policies, procedures and obligations concerning business associate agreements (BAAs).
Administrative requirements relate to employee training, professional development, and management of PHI.
Physical safeguards encompass the security of computer systems, servers, and networks, access to the facility and workstations, data backup and storage, and the destruction of obsolete data.
Technical safeguards ensure the security of email data transmitted over an open electronic network and the storage of that data.

Let’s move on to discussing some of the main requirements that apply to email and the steps you need to take to secure email accounts that transmit and store PHI.

HIPAA Email Rules: Compliance Checklist

While encryption gets most of the spotlight during discussions on email security, the HIPAA email rules, in contrast, cover a range of behaviors, controls, and services that work together to address eight key areas:

Access
Encryption
Backups and Archival
Defense
Authorization
Reporting
Reviews and Policies
Vendor Management

Let’s look at each aspect of HIPPA’s email rules in greater detail.

1. Access

Access controls help safeguard access to your email accounts and messages. Implementing access controls is essential to keep out unauthorized users and secure your data, with key steps including:

Using strong passwords that cannot be easily guessed or memorized – and changing them frequently, e.g. every 30 days.
Creating different passwords for different sites and applications.
Enabling multi-factor authentication (MFA).
Securing connections to your email service provider using TLS and a VPN.
Blocking unencrypted connections.
Pre-emptively installing software that remotely wipes sensitive email off your mobile device when it is stolen or misplaced.
Logging off from your system when it is not in use and when employees are away from workstations.
Emphasizing opt-out email encryption to minimize breaches resulting from human error.

2. Encryption

Email is inherently insecure and at risk of being read, stolen, intercepted, modified, and forged (repudiated). Covered entities should go beyond the technical safeguards of the HIPAA Security Rule and take steps that exceed what is required to futureproof their communications. Email encryption features to adopt include the following:

The ability to send secure messages to anyone with any email address.
The ability to receive secure messages from anyone.
Implementing measures to prevent the insecure transmission of sensitive data via email.
Exploring message retraction features to retrieve email messages sent to the wrong address.
Avoiding opt-in encryption to satisfy HIPAA Omnibus Rule.

3. Backups and Archival

HIPAA email rules require copies of messages containing PHI to be retained for at least six years. In light of this, organizations must consider the following:

How are email folders backed up?
Are there at least two different backups at two different geographical locations? Additionally, the processes updating these backups should be independent of each other as a measure against backup system failures.
Have you maintained separate, permanent, and searchable archives? While the emails should be tamper-proof, with no way to delete or edit them, they should be easily retrievable to facilitate discovery, comply with audit requests, and support business-critical scenarios.

4. Defense

Cyber threats against healthcare organizations are continually on the increase. Some may be surprised to learn that HIPAA compliant email rules mandate that organizations take steps to defend against possible malicious actors. With this in mind, consider implementing the following technologies:

Server-side inbound email malware and anti-virus scanning to detect phishing messages and malicious links.
Showing the sender’s email address by default on received messages.
Email filtering software to detect fraudulent messages and ensure it uses Sender Policy Framework (SPF), DomainKeys Identified Mail (DKIM), and Domain-based Message Authentication, Reporting and Conformance (DMARC) information to classify messages.
Scanning outbound email.
Scanning workstations for malware, i.e., viruses, ransomware, etc.
Using plain text previews of your messages.

5. Authorization

A critical aspect of HIPAA’s email rules is ensuring that cybercriminals cannot impersonate your company or employees. Configuring your domains with SPF and DKIM is essential to verify your identity as an authorized sender of mail from your domains. Also, ensure that users cannot send messages through your email servers without authentication and encryption.

6. Reporting

Setting accountability standards for email security is essential to establishing and strengthening your HIPAA compliance posture. Important steps to take include:

Creating login audit trails.
Receiving login failure and success alerts.
Auto-blocking known attackers.
Maintaining a log of all sent messages.

7. Reviews and Policies

Humans are the greatest vulnerability to any security and compliance plan, so creating policies and procedures that focus on plugging vulnerabilities and preventing human errors is essential. Strategies for reducing risk include:

Inviting independent third parties to review your email policies and user settings. Fresh, unbiased eyes can discover existing issues quickly.
Preventing devices that connect to sensitive email accounts from connecting to public WiFi networks.
Creating email policies prohibiting users from clicking on links or opening attachments that are not expected or requested.

8. Vendor Management

Most companies do not manage their email in-house, so it’s crucial to thoroughly research and vet whoever will be responsible for your email services. Perform an annual review of your email security and stay on top of emerging cybersecurity threats to take proactive action and for continued compliance with HIPAA email rules.

LuxSci’s secure high-volume email and marketing solutions are designed to help healthcare organizations tackle complicated HIPAA email rules and automate the compliance process. Contact us today to learn more about how our industry-leading HIPAA complaint email services can help you better secure your customer PHI and keep you in compliance.