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Can You Send ePHI in Insecure Emails and Texts with Mutual Consent?

Tuesday, April 27th, 2021

Email and text messaging are among the most common forms of business communication. However, if you are sending ePHI, regular texts and emails are off limits! If you are subject to HIPAA regulations, you will need mutual consent from your patients before sending ePHI insecurely via these methods.

This may seem frustrating because text and email are easy and switching to a secure service can feel like a lot of work. However, when ePHI is mishandled it can have significant repercussions. Personal information can be stolen, made public, and even used in fraud.

Text messaging and normal email carry significant risks to ePHI, because they aren’t designed to be secure. While it is best to only send ePHI over secure services, there may be instances where the patient wants to communicate over these insecure methods. Because of the risks, your organization needs signed mutual consent waivers to proceed with insecure communication.

Does HIPAA Allow Mutual Consent?

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Tags: consent, ePHI, hhs, hipaa, hipaa compliance, mutual, mutual consent, omnibus, phi, privacy rule, risk, security rule, unencrypted email
Posted in LuxSci Library: HIPAA
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To Text or Not To Text: Texting under HIPAA

Monday, February 29th, 2016

Sending text messages under HIPAA

Sometimes, technology just sneaks up on you. Patients want to speak with you – stat – about lab results or to schedule, be reminded of, and confirm an appointment without an interminable wait in the phone queue. Patients want text messaging — which has quickly become the new normal for everyday communication — to be used routinely for their healthcare needs, as well. You hesitate, concerned not only about the appropriateness of text messaging, but the legal ramifications. These are legitimate concerns.

HIPAA unambiguously states that sending health information in a text message is a straight up violation, unless it is to a patient and a proper consent form has been signed (as discussed below). This provision applies to messages as simple as appointment reminders. If you engage in such a practice and do not document context, consideration, and patient consent, you will be in willful neglect and quite possibly assessed up to $50,000 for each text message.

Why is text messaging such a hot-button issue to HIPAA enforcers? Under what conditions can health information be sent by way of regular text messages? The good news is that you can secure text messages rather simply and not jeopardize your patients’ privacy or your healthcare practice. Please read on.

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Tags: common carrier, consent, hipaa, hipaa-compliant text, imessage, secure text, securechat, securetext, text messaging
Posted in LuxSci Library: HIPAA, Popular Posts
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