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5 Questions to Find the Right HIPAA-Compliant Email Marketing Platform

Saturday, June 15th, 2024

If you are subject to HIPAA regulations- think twice before sending off that marketing email blast to your customers. If your emails contain ePHI, stop and make sure you are using a HIPAA-compliant email marketing platform before sending.

Not all email marketing platforms were designed with HIPAA marketing in mind. In fact, it can be difficult to figure out which vendors will allow you to send HIPAA-compliant emails on their platforms. We created this list of five questions to help you screen potential vendors for compliance.

1. Is your email marketing platform HIPAA-compliant and HITRUST certified?

It’s a simple question, but if the vendor does not mention anything about HIPAA or HITRUST certification on their website, it’s a good indicator that they are not secure enough to be compliant. As you probably know, HIPAA regulations can be onerous, and many companies do not have the time, expertise, or desire to update their technology. On the other hand, if they have taken the time and spent the money to invest in the serious security steps needed for HIPAA compliance, you should be able to find something about it in their marketing.

2. Will the vendor sign a Business Associate Agreement?

If you are sharing ePHI with a vendor (including lists of patient names and email addresses), you must have a BAA in place that outlines their responsibilities to protect your ePHI. If a vendor will not sign a BAA with you, it is an obvious sign that you cannot use their platform for HIPAA-compliant email marketing.

However, even if a vendor will sign a BAA, it does not mean that you can use their platform and comply with HIPAA. Read the fine print! Some companies have very restrictive BAAs that severely limit the functionality of the platform and prevent you from sending emails. We call these vendors “quasi” compliant. The only comply with HIPAA, if you abide by strict rules that prevent you from actually using their solution.

For an example, take Constant Contact. They will sign a BAA. However, they explicit state in their BAA that you:

“Should not use our systems for transmitting highly sensitive PHI (for example: mental health, substance abuse, or HIV information). Our application was not built for electronic medical records (EMR). If you have such information to send, please do not use Constant Contact.”

Constant Contact does not encrypt outbound emails, making it a poor choice for a HIPAA-compliant email marketing vendor. Depending on your email use cases, you could be unable to send any emails on their platform. Even worse, if you mistakenly send emails that contain ePHI you will be held liable for violating HIPAA, not Constant Contact, because you violated the terms of the BAA.

3. Does the email marketing platform protect data at rest and in transit?

Encryption is an addressable standard as part of the HIPAA Security Rule. Encryption is highly recommended to protect ePHI in all digital communications. Many email marketing platforms have adopted encryption methods that are secure enough to protect ePHI while it remains in their systems. However, that’s not enough to comply with HIPAA. You should specifically ask about their ability to encrypt outbound emails. Data in transit is extremely vulnerable to malicious actors, and therefore you need to encryption to protect emails containing ePHI. If a vendor does not provide encryption for outbound marketing emails then you should not consider using them.

4. How does the email marketing platform encrypt emails?

If a vendor says that they do encrypt outgoing messages, it’s important to consider these additional questions.

How are they encrypting those emails?
Do the encryption methods match your email use cases?

As a marketer, you want your emails to directly reach the recipient with as little friction as possible. If the recipient has to login to another platform to read the email, it’s unlikely to be read. A good HIPAA-compliant email marketing platform will use TLS encryption to send marketing messages directly to inboxes that support it. Emails sent with TLS encryption appear just like any other message directly in the recipient’s inbox.

However, there may be scenarios when you need to use more secure encryption methods. We recommend finding an email marketing vendor that is flexible and will let you select the right method of encryption for any type of message. For example, you may want to use a portal-based encryption method to send highly sensitive messages. Either way, make sure your vendor can support your needs with the right type of email encryption.

5. Does the platform allow you to send ePHI in the body of your emails?

Finally, the most important question to ask is: can I include highly sensitive patient information in an email? If you cannot, you can’t use the full power of the email marketing platform to create targeted, personalized and relevant messages. At best, you can only send generic office newsletters. If you want to create the types of marketing emails that will drive ROI and improve patient engagement, utilize your patient data for personalization and segmentation.

HIPAA Marketing

LuxSci’s Secure Marketing platform was built from the ground up with HIPAA marketing in mind. If you would like to learn more about how to create compliant email marketing campaigns utilizing ePHI, please let us know.

Tags: business associate agreement, email encryption, email marketing, encryption, HIPAA-compliant email marketing, quasi hipaa compliance
Posted in HIPAA Marketing
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Infrastructure Requirements for Marketing and Transactional Email

Friday, June 14th, 2024

To design an appropriate email infrastructure, organizations must understand the types of emails they plan to send. Outside of regular business communications between colleagues, marketing and transactional emails are used to communicate externally with clients and customers. Although they are often lumped together, transactional and marketing emails serve different purposes and require different hardware configurations to successfully send emails with good deliverability.

What are Marketing Emails?

Marketing emails primarily contain content intended for a commercial purpose, like advertisements, promotions, or other marketing messages. Marketing emails are sent to groups of contacts that are prospects or customers to influence them to make a purchase or take a commercial action.

Some examples of marketing emails include:

Customer newsletters
Promotional offers
Event invitations
Other types of sales communications

One significant difference between marketing and transactional emails is that recipients must explicitly opt-in to receive marketing emails. It is against CAN-SPAM rules to send unsolicited marketing emails to people who have not consented to receive them. The penalties for non-compliance can be quite severe. Always allow individuals to opt out of marketing emails to stay compliant.

What are Transactional Emails?

Transactional emails are messages that relate to previous interactions or commercial relationships with a company. Users trigger email sending by taking specific actions, and the emails contain only information that is critical and relevant to the recipient.

Examples of transactional emails include:

Transaction receipts
Order updates and shipping notifications
Password resets and security notifications
Appointment reminders
Review requests

Transactional emails facilitate an already agreed-upon transaction or update a customer about an ongoing transaction. Transactional messages are exempt from most provisions of the CAN-SPAM Act, and recipients do not have to opt in to receive emails. For example, when someone orders a pair of sneakers online, the company does not need permission to email them when the order ships out.

How do I know if an email is a transactional or marketing message?

The email content determines whether a message is transactional or marketing. Some emails can contain both messages. We recommend asking three questions to ensure compliance with the CAN-SPAM Act:

What is the primary purpose of the message?
Whom is the message sent to?
Is the content misleading or deceptive?

First, what is the primary reason for sending the message? If the purpose is to remind a client of their upcoming appointment, that should be evident. Organizations can include a marketing message (perhaps offering them a coupon to use on additional services at their appointment). Still, the subject line and main message should emphasize the upcoming appointment.

Secondly, is there an existing relationship between the organization and the recipient? Did the recipient willingly join a mailing list? Or purchase a product from the company? The answer, in combination with the purpose of the email, will identify what type of mailing this is.

Finally, do not try and launder marketing messages as transactional emails. Sending an email with a misleading subject line like “Your Order Status” containing little to no information about a recent order is not permitted by CAN-SPAM.

Infrastructure Requirements

Most organizations need to send both types of email. The email sending requirements for sending bulk marketing emails differ from transactional emails. Marketing emails are one message sent in bulk to a large list of recipients. For example, a list of previous customers is sent an email promotion announcing a sale on sandals. Sending one email to thousands of recipients at the same time requires different memory and CPU than messages sent on a one-to-one basis. It typically does not matter if the sandal promotion reaches the recipient’s inbox at 10:00 am or 10:15 am. The message contents are not seriously time-sensitive. In the case of a marketing email, sending volume is more important than sending speed.

On the contrary, transactional emails are sent on a one-to-one basis and can be highly time-sensitive. Emails like password resets and order confirmations must arrive in the recipient’s inbox immediately after submission. This requires a different server configuration from marketing emails because speed is more important than sending volume. Designing different server configurations for marketing and transactional email is highly recommended to achieve sending goals.

At LuxSci, we design custom server configurations to meet the volume and throughput requirements for organizations of any size using our HIPAA compliant infrastructure.

HIPAA Requirements

Both marketing and transactional emails could fall under HIPAA regulations. Any communications that imply a relationship between a healthcare provider and a patient should be encrypted and follow HIPAA requirements. LuxSci provides both a Secure Email Marketing platform and Secure High Volume Email services to support the emailing requirements for HIPAA covered entities and their associates.

Contact LuxSci today to learn more about configuring an email infrastructure to support high volumes of marketing and transactional emails.

Tags: dedicated server, email marketing, email throughput, HIPAA email, marketing email, Transactional email
Posted in Email, HIPAA Marketing
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17 Questions To Ask Before Sending A HIPAA-Compliant Marketing Email

Saturday, April 20th, 2024

You’ve just been told that your email marketing program is putting your company at risk of violating HIPAA. What now? If you want to continuing using email to communicate with patients, you must implement HIPAA-compliant email marketing.

Start by breaking down that goal into two components: becoming HIPAA-compliant and achieving your HIPAA marketing objectives. Setting up HIPAA-compliant systems and procedures will ensure your patient data is protected. However, you don’t have to let your marketing objectives suffer for the sake of security. Implementing a HIPAA-compliant marketing program can actually help you achieve better marketing results.

Ask yourself these 17 questions to ensure your email marketing plan aligns with your business goals and HIPAA.

Read the rest of this post »

Tags: compliance, email marketing, hipaa, hipaa compliance, secure email
Posted in HIPAA Marketing, Patient Engagement
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HIPAA Compliant Email Marketing: FAQ

Tuesday, November 21st, 2023

Email is an essential channel for most marketers but for healthcare they must use HIPAA compliant email marketing. 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.

Tags: email api, email marketing, encrypted email, faq, hipaa compliance, HIPAA-compliant email marketing, mutual consent, quasi compliance, quasi hipaa compliance, unencrypted email
Posted in HIPAA Marketing
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6 Email Marketing Best Practices for Healthcare

Tuesday, November 14th, 2023

Email marketing can be a powerful tool for healthcare organizations, but it requires careful planning and execution because of HIPAA compliance requirements. In this blog post, we will discuss email marketing best practices to help healthcare marketers achieve their goals.

1. Define Your Campaign Goals

The success of any email marketing campaign depends on the goals you want to achieve. However, because healthcare organizations are often not selling products to their patients, marketers can be confused about how to set measurable goals for their campaigns that aren’t tied to revenue generation.

Healthcare marketers want to use email marketing campaigns for various purposes, including patient engagement, education, and retention. Some possible objectives of your campaigns could be:

New patient acquisition
Re-engaging lapsed patients
Spreading awareness about vaccines, treatments, or medical conditions
Increasing treatment or medication adherence
Collecting survey responses or patient-reported outcomes

All of these campaign objectives will correlate with different metrics. Identifying the campaign goal and the corresponding metrics you need to track is critical before selecting the audience and crafting the content.

2. Select Your Audience

Gone are the days of sending giant email blasts to your entire contact list. The best email marketers are creating highly targeted campaigns for specific audiences. Healthcare marketers using patient data in their audience targeting efforts are at an advantage. They can use patient information to create distinct audience segments. Targeting a patient population with common attributes makes it easier to craft a relevant message to drive clear results. For example, marketers can create more relevant campaigns when they can divide their patient population into subgroups based on shared characteristics like diagnoses, risk factors, and demographic data.

3. Personalize Your Content

Once you have clearly defined your goal and your audience, it’s essential to use personalization techniques to craft relevant messaging. Healthcare consumers expect more personalization from their providers and want to receive messages that tie into their past experiences. Generic, irrelevant messaging is more likely to annoy patients than get them to act. Healthcare marketers are lucky to have a wealth of data points to use in their messaging, but they must be aware of patient privacy and take steps to secure their messaging. When you have taken the appropriate steps to secure patient data, including protected health information in email messages is possible. This improves the patient experience and makes it easier for healthcare marketers to achieve their objectives.

4. Use A Clear Call-to-Action

Your emails should include a clear call-to-action (CTA) that encourages your audience to take the desired action. These actions may include scheduling an appointment, downloading a resource, logging into a patient portal, filling out a survey, or contacting your organization. Ensure that your CTA is prominent, stands out from the rest of your content, and ties back to the goal of your campaign. Most importantly, implement appropriate tracking technologies so you can see how many email recipients followed through on the CTA.

Don’t include too many calls to action in one message! Including multiple prompts may confuse the recipient and make it more difficult for your team to understand how the campaign performed.

5. Review Your Data

Finally, it’s essential to monitor your email metrics to evaluate the success of your campaigns. Some key metrics may include open rates, click-through rates, surveys completed, successful logins, appointments scheduled, and other relevant metrics that tie back to your goals. Use this data to refine your email marketing strategy, trigger follow-up campaigns and marketing activity, and optimize future campaigns. Use APIs or webhooks to ensure your email campaign statistics are tied into marketing dashboards to get a holistic view of how your campaigns are performing.

6. Choose an Email Marketing Platform Designed for Healthcare

Finally, to use the tactics recommended above, it’s necessary to use a HIPAA-compliant email marketing platform. Segmenting audiences and personalizing content requires the use of protected health information. Therefore, it must be secured in compliance with HIPAA. You must select a platform that can protect data both at rest and in transit to utilize the power of your data fully.

LuxSci’s HIPAA-compliant Secure Marketing was designed to meet the needs of healthcare marketers and enables the use of PHI at scale. Contact our sales team to learn more about our capabilities and email marketing best practices.

Tags: email analytics, email marketing, ePHI, hipaa, hipaa compliance, patient engagement, personalization, phi, secure email, segmentation
Posted in HIPAA Marketing
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