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Creating Secure Web Forms: What You Need to Know

person filling out a secure web form on a laptop

Creating secure web forms starts with creating a secure website. This process is more complex than creating web pages and adding an SSL Certificate. A certificate is a solid first step, but it only goes so far as to protect whatever sensitive data necessitates security in the first place.

Naive attempts at security can ultimately make the data less secure and more likely to be compromised by creating an appetizing target for the unscrupulous.

So, what do you do beyond hiring a developer with significant security expertise? Start with this article. Its purpose is to shed light on many of the most significant factors in creating secure web forms and how to address them. At a minimum, reading this article will help you intelligently discuss website security with the developers you hire.

person filling out a secure web form on a laptop

What Is Involved In Creating Secure Web Forms?

If you want to add a secure web form to your website, first, you must understand how to securely configure the website. Website security is a serious and complex topic; this article only discusses the high points. Check out some of our other articles and eBooks for more detailed information on website security.

Here are some of the critical issues that need to be considered:

  1. SSL – Is the website and form secured to transmit data from the end user safely? Is your website form page protected with SSL to prevent tampering with its contents?
  2. Web page content – Is the HTML content sent to the end-user protected from Cross-Site Scripting (XSS) issues, and does it avoid loading objects insecurely or from third parties?
  3. Script Security – Are the scripts or programs that process the submitted data written with security in mind? Do they have any vulnerabilities?
  4. Infrastructure – Is the website hosting provider trusted and known for good security? Are you on a shared server when you should be on a dedicated one?
  5. Data Flows – What do you do with the data once submitted? Is that data secured?
  6. Tracking – Do you track events such as data access and submission?
  7. Archival and Backup – Are there processes to make backups and permanent archives of important data?

SSL – Web Security Starts Here

SSL certificates are required for creating a secure website and form. The SSL certificate allows:

  1. The encryption of data sent to and from your web server and users to prevent eavesdropping or tampering.
  2. Your users trust that they are connecting to your website securely.

An SSL certificates on a properly configured web server encrypts your website data as it flows to and from your end users.

To get an SSL certificate, you can order one directly from a third party, or your web hosting provider will handle it for you. In either case, the web host will need to install the certificate on the server where the website is hosted, and then you will need to make changes to your site to take full advantage of the secure channel you have added.

SSL and Encryption

The most significant reason people use SSL is to encrypt the data transmitted from their website and the end-user. When an end-user visits a page protected by SSL, their web browser communicates over a secure channel with the web server so that all data transmitted is sent over this encrypted channel. This helps prevent eavesdropping and man-in-the-middle attacks on the data (more on these below).

Without SSL encryption, there is little or no protection of the data.

SSL and Trust

The most overlooked and misunderstood aspect of SSL is the establishment of trust. That is, enabling your end-users to trust and feel confident that they are connecting to your website. What else could they be connecting to, you may ask?

  1. Someone with access to the network between the end-user and website could be trying to intercept and read all the web traffic or altering your website pages themselves (e.g., changing your forms to submit the data to them instead of you). This is called a man-in-the-middle attack. Even with SSL security, a man-in-the-middle can present the end-user with an SSL Certificate for your domain name that looks legitimate, like a forged ID card.
  2. The user could be visiting another website that is pretending to be yours. This phishing website could collect information from your users for malicious purposes. Unless your users identify this site as illegitimate, they could be duped into revealing personal information. How could they end up at a phishing website like this? This can happen by clicking on a link emailed to them or by visiting a misspelled version of your URL. No site is immune from such attacks, but you can work to mitigate them.

SSL Certificates and Cybersecurity

As mentioned above, SSL certificates are not the sole website and form security solution, but they can help! To understand how it’s worth looking at how certificates are awarded. SSL certificates are signed by a third-party authority, the “Certificate Authority.” This can be:

  1. You, if you sign your certificates.
  2. A respected third-party issuing:
    1. A cheap or free certificate validating only your domain.
    2. A more expensive “Extended Validation” certificate which also validates your organization.

If you sign your own certificates, your website will generate warnings when anyone visits it. Users can choose to dismiss them, but more commonly, they will be more likely to navigate away from the website. For this reason, self-signed certificates are never recommended for a public website. Self-signed certificates provide no inherent trust that they are legitimate (anyone can generate one and pose as your site). They look amateurish and are annoying to the end user. Self-signed certificates should only be used in internal or test environments.

When ordering a certificate from a trusted third-party authority, there are various types that you can order. The cheapest ones are called domain-validated certificates. These work by emailing your domain administrator a validation link. Once verified, the certificate is awarded. These domain-validated certificates are acceptable and provide excellent security; however, as no humans are directly involved in the validation process, it may be easier for an attacker to get an illegitimate certificate by gaining control of the admin’s inbox or via other methods.

You can also order Extended Validation certificates. They cost more because real people validate the organization and your domain ownership. They make phone calls and ensure that everything looks right. If you have one of these certificates, your browser’s address bar turns green (or displays a lock symbol) when visitors come there to indicate that this site is trusted. If you want to maximize trust and make it easy for your end-users to identify your site as legitimate, you should use an Extended Validation certificate. These cost more but are well worth it in terms of security and trust. If EV certificates are outside your budget, you should still use an SSL certificate from some trusted third party.

Securing Web Forms with SSL

Once your website has an SSL certificate installed by a web host, your web pages can be accessed with addresses that start with “https://” instead of just “http://.” The “s” in “https” means “secure.” Note:

  1. When connected to a web page using a secure address like “https://yourdomain.com,” the web browser will show a lock icon to inform you that the connection is secure.
  2. Web pages that end in “.shtml” are not necessarily secure. The “s” means “server” (i.e., server-parsed page) and not “secure.” So, for example, “http://yourdomain.com/index.shtml” is not a secure page, but “https://yourdomain.com/index.html” is a secure page.
  3. With SSL enabled, you can access the same page securely and insecurely in many default web server configurations. Both “http://yourdomain.com/form.html” and “https://yourdomain.com/form.html” work and show the form — the only difference is the use of SSL or not.

So, let’s say that you have a web form located at “http://yourdomain.com/form.html.” You have an SSL certificate, and your web host has installed it. Next, you want to:

  1. Make sure people connect securely to the form page.
  2. Make sure that no one can connect to the form page insecurely.

These two goals might sound the same, but they are not.

Enforce Secure Connections to Form Pages

Since regular website pages may be insecure, you need to ensure that the links to the secure form page are absolute links starting with the prefix “https://.” This will ensure that anyone clicking these links will be taken to the form page on a secure connection.

The best solution is to use an HSTS (HTTP Strict Transport Security), which tells browsers that they should always use the secure version of your website. If you choose to have both the insecure (http) and secure (https) versions of your site running at the same time (not recommended), then you need to be careful with linking so that sensitive pages are secured:

Wrong Links: Relative links are not recommended because, if the user is on an insecure page, relative links will always take them to insecure versions of the destination page. So relative links like the following should be avoided:

Fill out my form!

Correct Links: Absolute links will ensure a secure connection by specifying that SSL must be used via the link prefix “https://.”

For example: <a href=”https://yourdomain.com/form.html”>Fill out my form!

Be sure that all links to all secure pages of the site use this secure format with the “https://” prefix.

Side Note: These days, it is recommended that you use SSL for all website pages, not just ones that process sensitive information. This is good for user trust, security, and privacy. It is also good for Search Engine Optimization (as Google will reward you for securing your site). If you set up your site so all pages are always secure, relative links are safe.

Ensure No One Can Connect to Form Pages Insecurely

Using the above suggestions, all the links on your website will take users to the secure version of the form. However, most web hosts leave the insecure version of the form there, and users can still access it if they enter the insecure address directly (or if links are directed to the insecure page). As a next step, you should ensure that accessing the form page via an insecure connection is impossible.

There are several different ways that this can be done. Some of these include:

Separate space for SSL pages: If your web host has this feature, you can configure the website to store web pages for secure (SSL) connections in a different directory from those for insecure pages. If this feature is enabled, the form page is placed in the secure directory and no copies are in the insecure directory. Thus, any insecure requests for these pages would result in a “page not found” error. You could then implement server-side redirection rules where if someone requests the insecure page, they are automatically redirected to the secure version (this can be done using .htaccess files and the “Redirect” directive). If you did this, secure and insecure requests for the page would take the user to the secure version with no errors, warnings, or issues for the end user.

Scripted pages: If the form page is generated by a server-side script (i.e., PHP, Perl, Python, or JAVA), then the script itself can determine if the request is secure or not (e.g., by looking at the server environment variables). For secure requests, it can render the form as usual. The user receives an error for insecure requests or is redirected to the proper secure location. 

Securing all pages: (Recommended) The site can be configured to automatically redirect all requests for insecure pages to the respective secure page. All pages will be secure, and any accidental/incorrect requests for the insecure pages will still get people to the right place. Security is greatly improved if you have set this up.

If my form is posted to a secure form processing script, why does it need to be secured?

This question is usually asked when a third-party manages the form processing. Is securing the form itself with SSL needed?

The answer is based on the following facts:

  1. The data sent from end-users to the server will be secure and encrypted during transmission. This is critical for creating secure websites and forms that require HIPAA compliance.
  2. Non-technical end-users will only know if their data is securely submitted once it is done. Many end-users will refrain from submitting sensitive data to an insecure form on your site.
  3. End-users cannot know if they are viewing your website or a phishing site or if eavesdropping and modification are happening. Many users will not trust the connection and will not want to submit their data through your site if it appears insecure.
  4. If your form page is insecure, it is straightforward for any malicious party to perform a man-in-the-middle attack to eavesdrop on connections, modify your form in transit to change what is collected and where the data is sent, and set up phishing sites. Your end-users can’t tell if this is going on.

If you do not secure your web form with SSL, it is vulnerable to attack. If nothing is going on, you can rely on transmission security. However, that minimal level of security is not recommended for production websites or anywhere that compliance is required.

Other Aspects of Creating Secure Web Forms

Proper use of SSL for encryption and trust is only part of creating secure website forms. You must be concerned with many other aspects to protect your users, your application, and your company’s reputation. These include (but are not limited to):

1. Cross-Site Scripting (XSS). Suppose you include dynamic content on your web pages (i.e., information submitted by other users or content submitted via form fields), and that content is not cleaned of JavaScript and HTML. In that case, bad actors could make arbitrary content appear on your website, capture user data, or worse. All data displayed should be clear of undesirable content (script tags, special characters, HTML, and other things). This is one of the most significant security issues with dynamic web pages across the internet.

2. Secure Server-Side Programming: The scripts and programs that accept and process the data from online forms must be created with security in mind. They must validate all submitted data as needed without making assumptions about its format and content. The scripts must not provide avenues for attacks like SQL Injection. Scripts must not use submitted content as actual filenames or URLs for remote loading content. They should log any strange errors or problems for later analysis. They should provide a mechanism for blocking undesirable actions or users from using the scripts.

3. Validation: Validation of all input data is part of the above two points. However, it is so essential that we will repeat it and go over some of the fundamental points:

  • If you validate submitted content, always perform your validation on the server side. Even if you use JavaScript to validate the data on the client side, you should always re-validate it on the server side. Why? Because people can get around JavaScript and submit arbitrary content directly to your scripts. The scripts should be prepared to handle that.
  • Always de-taint submitted data. What does that mean? It means never trust submitted data and take pains to ensure that the submitted data matches what you expect. For example, if you have a select list that sends your script a number as the value, do not assume you are getting a number. Instead, check that it is a numeric value or convert whatever is submitted into a number.
  • Remove disallowed content from the text submitted by users. Remove or block special characters, embedded codes, and other things that should not be there.
  • Ensure the submitted data is manageable enough to be used.
  • Do not assume anything — program defensively.

4. Preserving State with Hidden Form Fields or Cookies: If your program remembers information from one page to another by saving the data in hidden form fields, then your program must also ensure that the content of those fields was not tampered with. One good way to do this is to make a hash of all the data, together with a secret value, and include that hash in the form data. Then, when the form is submitted, you can recompute the hash and compare it with what passed from the form. If they match, you are okay; if they do not, the data has been tampered with. No one can break this scheme without knowing your secret value or breaking your hashing algorithm. This method can also be used to validate data saved in cookies. You can go further and use time stamps to prevent replay attacks.

5. Third-Party Applications: If you install programs from third parties on your website, you must ensure there are no known security issues with these programs, and you must be sure to update these programs as soon as new versions are released. If you let your website languish with an older, vulnerable version of a program, it will become a target for hackers as they constantly search the internet for such websites. Your site will likely be hacked in these cases, possibly causing loss of business, deactivation of your website, and tarnishing your website’s reputation. Using a third-party application is easy, but you need to select a good one that places the burden of keeping it updated on you. An exception is using a third-party application hosted by the third party itself. In these cases, the third party ensures that the program is continuously updated with anything needed to address any security issues. The burden is on them and not you. If you choose a good, respectable vendor, you should have no problems.

All these things, and more, are critical to developing a secure web application.

Securing the Form Data After Submission

Ensuring that users’ data is transmitted securely to your web server is critical, as is ensuring that your application is secure and will not be hacked. To secure sensitive data, you must understand what happens to that data after your program receives it. Many people forget that transmitting the data from the web server may require just as much preparation as receiving it from their users in the first place.

In the following subsections, we will look at three different ways of saving and retrieving your users’ data. In each case, we will explain what is needed to secure the data in your systems.

Send Form Data via Email 

The most common action data processing scripts do is email the submitted data to the website owner’s email address. The website owner knows when there are new submissions by checking their email and can access the data immediately. Most people running websites check their email reasonably often, which integrates well with their business operations.

However, the standard ways of sending emails are entirely insecure. So, how can you use email while ensuring the data is secure and viewable only by the intended recipient?

  1. Have your website script encrypt the data.
  2. Send this encrypted data (or a link to download the encrypted data) to the intended viewers via regular email.

As the form data is encrypted within the email message, most insecurities inherent in email are obviated. You can also use secure third-party services to have your form data emailed to you securely without programming anything yourself.

Save the Submission in a Database

Many website owners like to save the submitted form data in a database (even if it is also emailed to someone). Why?

  1. The data is saved online and potentially accessible from anywhere.
  2. If the emailed copies of the data are lost, the copies in the database are still there.
  3. The database can be accessed through a web browser with a suitable user interface.
  4. The data is typically backed up and can be restored.

If storage in an online database is for you, then you need to:

  1. Use encryption, like SSL or PGP, to ensure the data is securely stored in the database. Why? The contents of database tables are not encrypted or secure in general. Storing unencrypted data makes it available to anyone with access to the database or its backups.
  2. Provide a user interface that allows you to access the database data. It must be secure, have robust access controls, and provide a means for decrypting the data.

The database option requires much work to make a secure and usable solution. For this reason, most small organizations do not end up using secure database storage for important form data.

Save the Data in Files

The file storage option is the “quick and dirty” alternative to secure database storage. Essentially, your program will:

  1. Make a file containing the form data.
  2. Encrypt that file using PGP or SSL.
  3. Save that encrypted file in a directory on the web server that is not accessible from the website. Another option is to save it in an online file-sharing service.

Then, the website owners can log in to the web server using Secure FTP and download these files as needed. They can be decrypted locally when the data must be accessed. Other simpler data access mechanisms are available if the files are saved in an online file share.

This solution is secure and provides an excellent backup to securely emailed data.

Other Technical Tips for Creating Secure Website Forms

There are many other considerations in developing and maintaining a secure website and forms. It would be impossible to cover or even list them all. However, here are some more interesting and valuable tips.

Use Secure Cookies

If your secure site uses cookies for anything, set the “secure” cookie and the “httpOnly” flags. This will ensure that these cookies are never sent insecurely over the internet when the visitor arrives at any insecure pages of your website (they are not sent at all to insecure pages) and thus helps preserve the security of the contents of these secure cookies.

Prevent Form Spam

Form spam occurs when automated programs find your web forms and try to send spam through them. Form spam can result in hundreds or thousands of useless form posts daily. Once you start getting form spam, stopping it is a priority. There are two primary ways to help prevent spam:

  1. CAPTCHA – This method requires end-users to read text embedded in an image and type that text successfully into a form field. The back-end program then validates this. Since most spam programs cannot read text embedded in images, it will successfully block almost all automated forms spam. However, CAPTCHA requires the users to perform one more step, which can be annoying.
  2. JavaScript and Cookies – Most automated form spam programs do not process JavaScript or use cookies. If your web form requires JavaScript to submit the form successfully, bots cannot do this, and most form spam will be blocked. This method is less reliable than CAPTCHA but does not require any extra work from the end-user. Note that if you wish to use the JavaScript method, you must be sure that arbitrary submissions to the default action URL of your forms will never succeed—only submissions made after the execution of your custom JavaScript should succeed.

Minimize the Need for Trust

A good rule of thumb is to minimize the need to trust third parties and trust only the trustworthy.

  1. If you do not trust your internal IT staff, do not host your web application on your servers or give them access to the server used.
  2. If you do not trust the third-party hosting your website, encrypt the form data as soon as possible. This helps ensure that the data is not saved anywhere in plain text and is not backed up in plain text, thus minimizing your exposure to unauthorized people. Further, ensure that the private keys and passwords needed to decrypt the data are not stored on the web host’s servers.
  3. Ensure that only authorized staff can access the submitted form data. Ideally, it should always be encrypted, and only authorized people should be able to decrypt it.

These are just a few obvious points. As you evaluate your web application and data flow, ask yourself, “Who can access the raw data and how?” at each stage. Are there stages where you are trusting people who should not be trusted?

Forced use of strong encryption in SSL

The strength of encryption used by SSL is a function of both the user’s web browser and the server. Even if your web server supports excellent encryption, like AES256, the user’s browser may choose a weaker level of encryption. Older versions of Internet Explorer are notable for choosing weaker encryption in the interest of speed.

You can modify your web server configuration so that only levels of encryption you approve can be used to access your site.

Use Two-Factor Authentication

Two-factor authentication is standard on very secure sites now. You require a password and something else (a code or token) to validate their identity. With both, the user can log in. Avoid using only SMS texting as the second factor, which is no longer considered secure.

Get Started Creating Secure Web Forms

Outsourcing your form hosting and processing can be the fastest and most cost-effective way to get started. LuxSci’s Secure Form was designed for security and compliance. Contact us today to learn more about protecting sensitive information online.

Picture of Erik Kangas

Erik Kangas

With 30 years engaged in to both academic research and software architecture, Erik Kangas is the founder and Chief Technology Officer of LuxSci, playing a core role in building the company into the market leader for HIPAA compliant, secure healthcare communications solutions that it is today. An international lecturer on messaging security, Erik also advises and consults on email technology strategies and best practices, secure architectures, and HIPAA compliance. Erik holds undergraduate degrees in physics and mathematics from Case Western Reserve University, and a doctoral degree in computational biophysics from MIT. Erik Kangas — LinkedIn

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LuxSci Email Security

What Is Secure Email? The Complete Guide for Healthcare Organizations

Key Takeaways

  • Secure email is not the same as “email with encryption turned on.” True secure email requires enforced automated encryption, a signed BAA, access controls, audit logs, and documented processes — not just a feature toggle.
  • Standard email platforms like Gmail and Microsoft 365 rely on opportunistic TLS by default, which can silently fall back to unencrypted delivery if the recipient’s server doesn’t support encryption.
  • HIPAA’s encryption safe harbor means a misdirected but properly encrypted email is a non-event. The same email sent unencrypted is a presumed breach unless a risk assessment shows otherwise.
  • A signed Business Associate Agreement (BAA) with your email provider is non-negotiable — without one, you cannot legally send or store PHI through that provider.
  • The proposed 2025 HIPAA Security Rule update, planned for finalization in 2027, would make encryption of ePHI in transit and at rest a mandatory requirement rather than “addressable,” raising the stakes for organizations still relying on opportunistic TLS.

Best for: Healthcare IT Directors, Compliance Officers, Privacy Officers, and Marketing  Managers at provider, payer, and supplier organizations that handle protected health information (PHI).

In healthcare IT, the term “secure email” gets thrown around loosely. Vendors slap the label on anything with a padlock icon, and internal teams often assume that because their provider offers TLS, they’re covered. They’re not, and the gap between what’s assumed and what’s actually required is where data breaches occur and HIPAA violations happen.

This guide breaks down exactly what secure email means from a technical and regulatory standpoint, why the email platform your staff uses every day probably isn’t compliant out of the box, and what to look for when evaluating a provider that needs to protect PHI at scale. If you want the full picture of what compliance requires beyond email specifically, our HIPAA Compliance Checklist is a useful companion read.

What Is Secure Email?

Secure email refers to an email system that protects the confidentiality, integrity, and availability of message content — specifically PHI — through a combination of technical safeguards and contractual protections. It’s not a single feature. It’s a stack of controls working together.

At minimum, secure email in a healthcare context includes:

  • Enforced encryption in transit, so messages can’t fall back to plaintext delivery
  • Encryption at rest, so stored messages remain protected on the server
  • Authentication protocols (SPF, DKIM, DMARC) that prevent spoofing and impersonation
  • Access controls and audit logs that track who accessed what, and when
  • A signed Business Associate Agreement (BAA) with the email provider

The distinction that trips up most organizations is this: encryption is a component of secure email, not the whole picture. A provider can offer encryption and still fail to meet HIPAA requirements if that encryption isn’t enforced, if there’s no BAA in place, or if audit logging doesn’t exist. Secure email is the combination of all these pieces functioning as a system, which is why it needs to be evaluated holistically rather than checked off feature by feature.

For healthcare provider, payer, and supplier organizations, this matters because email remains one of the highest-volume channels for PHI exposure, from clinical referrals to patient billing statements to routine staff communication. Getting the definition right is the first step toward closing the compliance gap.

Why Standard Email Is Not HIPAA-Compliant

Many healthcare organizations run on Gmail (Google Workspace) or Microsoft 365, and most assume they’re protected because encryption exists somewhere in the stack. That assumption is the single most common — and most dangerous — misconception in healthcare email security.

Here’s the problem: standard email services use opportunistic TLS by default. TLS is attempted between mail servers, but if the receiving server doesn’t support it, the message is delivered anyway — unencrypted, in plaintext. Neither the sender nor the recipient typically sees a warning. The email just goes through.

This isn’t a hypothetical edge case. IT professionals managing healthcare email infrastructure have flagged this exact issue directly: opportunistic TLS is often enabled by default and creates a false sense of security, since it offers no guarantee that a given message, including one containing PHI, won’t be transmitted in plaintext if the recipient’s mail server doesn’t support encryption. Organizations assume they’re protected simply because TLS is technically “on,” without realizing it isn’t enforced.

That gap has real consequences under HIPAA. The Security Rule currently treats transmission encryption as an “addressable” safeguard, meaning covered entities can, in theory, implement an equivalent alternative measure instead. In practice, regulators and auditors from the Office for Civil Rights (OCR) expect enforced encryption as the standard of care. “Addressable” has never meant optional — it means an organization needs a documented, defensible reason if it isn’t doing enforced encryption, and few reasons hold up under scrutiny. Finally, under OCR’s proposed changes to the HIPAA Security Rule for ePHI, scheduled for final publication in July 2027, email encryption moves from addressable to mandatory.

Beyond the encryption gap, standard consumer and even most business email plans typically lack:

  • A BAA that’s actually offered and signed (available on some enterprise tiers, but not automatic)
  • Enforced access controls beyond basic password authentication
  • Audit logging sufficient to meet HIPAA Security Rule requirements
  • Built-in encryption at rest guarantees for stored messages

None of this means Gmail or Microsoft 365 are inherently insecure products. It means their default configuration is built for general business use, not for an environment where every misrouted or intercepted message carries breach notification liability. Making either platform HIPAA-appropriate requires layering on additional tools, policies, and critically, a provider relationship that includes a signed BAA covering the exact services in use. 

The Technical Components of Secure Email

Secure email is built upon five technical layers. Understanding each one, and where it fails in standard email, clarifies exactly what a compliant solution needs to deliver.

Encryption in Transit (TLS)

Transport Layer Security (TLS) encrypts the connection between mail servers as a message travels from sender to recipient. There are two flavors, and the difference between them is the crux of most healthcare email compliance failures:

  • Opportunistic TLS attempts an encrypted connection but falls back to unencrypted delivery if the receiving server doesn’t support it. This is the default across most consumer and business email platforms.
  • Enforced TLS requires an encrypted connection for delivery to succeed. If encryption can’t be established, the message fails to send rather than going out in plaintext, or a link to secure portal can be sent to securely access the information.

HIPAA’s Security Rule lists encryption as addressable, but enforced TLS has become the de facto standard that auditors and OCR expect from covered entities and business associates handling PHI over email. As one healthcare IT professional put it while debating this exact tradeoff internally: the goal is to require TLS for all outbound email and then document the remaining controls around it, treating enforced TLS as the technical baseline, with policy and process built on top.

Encryption at Rest

Transit encryption only protects a message while it’s moving. Once it lands on a mail server — sender’s outbox, recipient’s inbox, backups, archives — it needs to remain encrypted in storage. This is encryption at rest, and it’s where many organizations underestimate their exposure.

Encryption in transit alone offers zero control over a message after it’s been delivered. If the destination server isn’t itself encrypting stored data, or if a backup snapshot is taken without encryption, PHI sitting in an inbox is exposed regardless of how securely it arrived. HIPAA’s Security Rule requires safeguards for ePHI both in transit and at rest, a compliant secure email provider needs to guarantee both, not just one.

End-to-End Encryption (S/MIME, PGP)

End-to-end encryption (E2EE) encrypts message content itself, not just the connection it travels over — meaning even the email provider can’t read the content. Two standards dominate here:

  • S/MIME uses certificate-based encryption and is common in enterprise environments, such as healthcare, particularly where organizations already manage a public key infrastructure.
  • PGP (Pretty Good Privacy) uses a public/private key model and is more common in technical or security-conscious communities, though it’s less frequently deployed at scale in healthcare due to key management complexity.

E2EE isn’t a baseline requirement for every PHI-containing email, enforced TLS plus encryption at rest satisfies most use cases. But it becomes necessary for especially sensitive communications, cross-organization data sharing where you don’t control the recipient’s infrastructure, or when a business associate agreement specifically requires it.

Authentication (SPF, DKIM, DMARC)

These three protocols work together to prevent domain spoofing and email impersonation, a growing attack vector against healthcare organizations specifically, given how often phishing campaigns impersonate providers, payers, or patients.

  • SPF (Sender Policy Framework) specifies which mail servers are authorized to send email on behalf of a domain.
  • DKIM (DomainKeys Identified Mail) adds a cryptographic signature verifying a message wasn’t altered in transit.
  • DMARC (Domain-based Message Authentication, Reporting & Conformance) tells receiving servers what to do when SPF or DKIM checks fail, and provides reporting visibility.

Without these configured correctly, an organization’s domain can be spoofed to send convincing phishing emails to patients or staff, creating a security failure that compounds the compliance risk of email interception.

Digital Signatures

Digital signatures verify sender identity and confirm a message hasn’t been tampered with between sending and receipt. Paired with encryption, they close the loop on message integrity, confirming not just that content was protected, but that it came from who it claims to have come from and arrived unaltered.

Standard Email vs. Secure Email: Feature Comparison

FeatureStandard Email Secure Email (HIPAA-Compliant)
Encryption in TransitOpportunistic TLS — attempted but not enforcedEnforced TLS — connection fails if encryption unavailable, can include delivery via secure portal option
Encryption at RestNot guaranteed; provider-dependentRequired — server-side encryption of stored messages
End-to-End EncryptionNot availableSupported via S/MIME and/or PGP
Digital SignaturesNot availableIncluded — verifies sender identity and message integrity
Authentication (SPF / DKIM / DMARC)Optional, rarely enforcedRequired — spoofing and impersonation protection
Business Associate Agreement (BAA)Not provided on standard plansRequired — must be signed before sending PHI
Audit LogsBasic or noneFull audit trail — required under HIPAA Security Rule
Access ControlsBasic password onlyRole-based access, MFA, admin controls
Misdirected EmailReportable HIPAA breachNon-reportable if properly encrypted (safe harbor)
HIPAA Compliant by DefaultNoYes

What Makes Email HIPAA-Compliant Specifically

Technical safeguards alone don’t make email HIPAA-compliant. Compliance is a combination of technology, contracts, and documented processes — all four need to be in place simultaneously. This includes:

A signed BAA with your email provider – Any vendor that transmits, processes, or stores PHI on your behalf is a business associate under HIPAA, and business associates are legally required to sign a BAA before handling that data. Email providers have persistent access to ePHI — even end-to-end encrypted messages pass through their infrastructure at some point — which makes this requirement absolute, not situational. If a provider won’t sign a BAA, using them to send or store PHI isn’t a compliance risk you can mitigate; it’s a violation from the start.

Encryption as an addressable safeguard – Under 45 CFR §164.312(e)(2)(ii), the HIPAA Security Rule lists encryption of ePHI in transit as “addressable” rather than strictly “required.” In practice, this doesn’t mean optional, it means an organization must implement it, or document and justify an equivalent alternative safeguard. Enforced encryption has become the expected standard, and with the newly proposed HIPAA Security Rule planned for July 2027 publication, NPRM would formalize that expectation by making encryption of ePHI in transit and at rest mandatory rather than addressable. Organizations still relying on opportunistic TLS as their “equivalent alternative” should treat this as a closing window.

Access controls and audit logs – HIPAA requires the ability to track who accessed PHI, when, and what they did with it. This means role-based access permissions, multi-factor authentication, and a complete, retained audit trail — not just for compliance reporting, but for identifying and responding to incidents quickly.

The encryption safe harbor – This is one of the most consequential, and most underused, provisions in HIPAA. If PHI is sent via properly encrypted email and ends up misdirected to the wrong recipient, it is not a reportable breach under the Breach Notification Rule, because the encrypted content is considered unreadable and therefore not “unsecured PHI.” The exact same misdirection with unencrypted email is a reportable breach, triggering notification obligations to the individual and to HHS/OCR. Encryption isn’t just a security best practice here, it’s the line between a non-event and a formal breach investigation.

HITRUST certification as a trust signal – When evaluating vendors, HITRUST CSF certification is a strong external indicator that a provider’s security controls have been independently assessed against a recognized healthcare-specific framework. It’s not a HIPAA requirement in itself, but it meaningfully reduces the diligence burden on your side when vetting a provider.

Types of Healthcare Email That Must Be Secure

Not all internal debate here is about “should we secure email” — it’s about scope. Which specific email flows actually carry PHI, and therefore need to run through a compliant channel? In practice, the answer is broader than most teams initially assume.

Screenshot 2026 07 29 at 9.47.13 AM What Is Secure Email? The Complete Guide for Healthcare Organizations

The common thread: if a message references anything that could identify a patient in connection with health information — a name next to a diagnosis, an account number tied to a service date, an annual test reminder — it needs to move through a secure channel, regardless of whether it’s clinical, financial, or administrative in nature.

How to Evaluate a Secure Email Provider for Healthcare

Vendor evaluation in this category tends to go one of two ways: teams either take a provider’s “HIPAA-compliant” label at face value, or they get buried in RFP questions without knowing which answers actually matter. Ask these key questiosn to focus the evaluation on what’s operationally and legally significant.

“Does the provider sign a BAA? This is the first filter, not the last. If a vendor won’t sign a BAA — or offers a heavily limited one — everything else is irrelevant. Some organizations go a step further and negotiate indemnity or make-whole clauses into the BAA itself, seeking financial protection beyond the baseline liability allocation.

What encryption methods are supported? Confirm specifically whether the provider offers TLS only, or also supports S/MIME and/or PGP for end-to-end encryption where needed. TLS-only coverage is sufficient for most standard PHI communication; organizations with cross-border data sharing or especially sensitive use cases may need E2EE options available.

Is encryption enforced or opportunistic? This is the single most important technical question to ask directly, in those terms. A vendor that describes its encryption vaguely, without distinguishing enforced from opportunistic delivery, hasn’t answered the question. Push for specifics.

How are large attachments handled? Lab results, imaging files, and clinical documents often exceed standard attachment size limits. Confirm the provider has a secure, compliant method for large file transfer that doesn’t force users onto an unencrypted workaround.

What audit logging and reporting capabilities exist? You need visibility into delivery, access, and any failed encryption attempts, not just a generic sent/received log. Ask whether logs are retained for a period consistent with your organization’s HIPAA documentation requirements.

Do they support high-volume transactional email? Appointment reminders, billing notices, and patient communications at scale require infrastructure built for volume without sacrificing per-message compliance. Confirm the provider’s platform is built for this your specific pattern, not just person-to-person messaging.

Is the platform US-based with US data residency? For many healthcare organizations, where data physically resides — and under which jurisdiction — is a material factor in vendor risk assessment, particularly for payers and larger provider organizations with strict data governance policies.”

One operational factor worth weighing alongside these questions: secure email portals — the kind that require recipients to click through to a separate web page to read a message — solve the encryption problem but often create a real adoption problem. IT teams have reported a direct conflict between phishing-awareness training and portal-based workflows: staff and patients trained not to click suspicious links in emails are, understandably, reluctant to click the “secure link” a portal email contains. This is a legitimate reason many organizations increasingly prefer platforms that enforce encryption transparently in the background — like LuxSci’s SecureLine encryption technology — rather than routing every message through a separate portal experience.

Secure Email Checklist for Healthcare Organizations

Every safeguard covered in this guide comes down to a handful of concrete, verifiable actions. Use the checklist below as a working reference for what needs to be in place across your legal agreements, technical controls, and internal processes. This is not a one-time setup task, but something worth revisiting as your email volume, vendors, and regulations evolve. Share it across  your compliance and IT teams as a starting point for an internal audit.

  • Legal and Contractual – BAA signed with email provider and all third-party vendors handling PHI.
  • Encryption – Forced TLS, not opportunistic only for emails in transit and all stored data encrypted with AES-256 bit encryption.
  • Access and Audit – Unique user IDs, role-based access, and login monitoring with advanced MFA enabled for all email accounts; audit logs active and maintained.
  • People and Processes – Staff trained in PHI handling, established breach response plan, annual email security policy review.

What Should I Do Now?

Secure email isn’t a single setting you switch on — it’s a combination of enforced encryption, a signed BAA, access controls, and documented process working together. Get any one piece wrong, and the rest doesn’t hold up under an OCR audit or a breach investigation.

If your organization is still relying on opportunistic TLS, an unsigned or incomplete BAA, or a patchwork of workarounds to move PHI through email, now is the time to close that gap, especially with the proposed 2025 HIPAA Security Rule update poised to make encryption a mandatory requirement rather than an addressable one in 2027.

Below are three ways you can continue your journey to securing your healthcare email:

  1. Explore LuxSci’s SecureLine encryption technology to see how automated encryption, enforced TLS, and a signed BAA work together — no complex configuration required.
  2. Read our HIPAA Compliance Checklist to understand the full scope of what your organization needs to have in place beyond email.
  3. Stay ahead of the new regulation with Email Encryption Under the New HIPAA Security Rule for a closer look at what the mandatory encryption shift means for your organization.

FAQs

1. Is email HIPAA compliant?

Email can be HIPAA compliant, but only when the right safeguards are in place — enforced encryption, a signed BAA with your email provider, access controls, audit logs, and staff training on PHI handling. Standard email without these safeguards is not compliant.

2. Do I need to sign a BAA with my email provider?

Yes. Email providers have persistent access to ePHI — even encrypted messages pass through their servers — making them Business Associates under HIPAA. A signed BAA is required. If your provider won’t sign one, you cannot legally use them to send or store PHI.

3. What is the difference between opportunistic TLS and enforced TLS — and which does HIPAA require?

Opportunistic TLS attempts encryption but falls back to plaintext if the recipient’s server doesn’t support it. Enforced TLS stops delivery rather than sending unencrypted. HIPAA’s Security Rule treats transmission encryption as an addressable specification, in practice, enforced TLS is the standard auditors and OCR expect. The proposed 2025 HIPAA Security Rule NPRM would make encryption of ePHI in transit a mandatory requirement in 2027.

4. What happens if I send PHI in an unencrypted email?

It is an impermissible disclosure under HIPAA’s Privacy Rule and triggers the Breach Notification Rule, requiring you to notify the individual and HHS/OCR within 60 days. Penalties range from $100 to $50,000 per violation. Had the email been properly encrypted, the same incident would qualify for HIPAA’s encryption safe harbor, meaning no notification required.

5. Is Gmail or Microsoft 365 HIPAA compliant for sending patient emails?

Neither is compliant in their default configuration. Both use opportunistic TLS, meaning PHI can be sent in plaintext if the recipient’s server doesn’t support encryption. A signed BAA is available on enterprise plans but doesn’t close the technical gap alone. A purpose-built HIPAA-compliant email platform is the reliable solution.

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HIPAA Security Rule Update: Email Encryption Rule Delayed to 2027

If you’ve been waiting for the final word on the new HIPAA Security Rule before you touch your email encryption strategy, you now have an official reason to keep waiting.

Our advice: Don’t do it.

What is the new HIPAA Security Rule for ePHI?

The Department of Health and Human Services’ Office for Civil Rights had targeted May 2026 for a final rule implementing the most significant update to the HIPAA Security Rule in over two decades. The proposal eliminates the “addressable” standard and makes encryption of ePHI in transit and at rest mandatory for every covered entity and business associate. That deadline came and went quietly. Now we know why: an updated federal regulatory agenda shows OCR’s timeline has moved to July 2027, with the rule-making downgraded from “final rule stage” to “long-term action.” OCR is still working through more than 4,700 public comments on the January 2025 proposal.

For an industry that had been expecting a tighter deadline, a year-plus delay is the kind of news that invites a collective exhale — and a shelved project plan. At LuxSci, we think that would be a mistake, for three reasons:

  • The current rule already requires you to address encryption. “Addressable” was never “optional.” It has always meant you must implement the safeguard, implement an equivalent alternative, or document in writing why neither is reasonable for your organization. Most healthcare organizations have never done that documentation rigorously, and OCR’s existing enforcement authority applies today, not in 2027.
  • Breach costs haven’t waited for the rule. IBM’s 2025 Cost of a Data Breach Report puts the average healthcare breach at $7.42 million, still the highest of any industry. At the same time, email remains the number one attack vector into healthcare organizations. None of that risk is paused by a regulatory delay.
  • Delay is not withdrawal. OCR has not signaled it’s abandoning the encryption mandate, only that it’s taking longer to finalize it. Organizations that build now toward the standard already proposed will be ahead (and more secure) regardless of exactly when, or in what final form, the rule lands. Organizations that wait risk a compressed scramble once it does.

What should healthcare IT and compliance leaders actually do with this news?

Reevaluate your ePHI security posture, recalibrate its urgency, and use the extra runway to do the job right, instead of racing against a deadline. This includes:

  • Getting a real inventory of where ePHI moves by email today, inbound and outbound, and where encryption is inconsistent or absent.
  • Closing the documentation gap on “addressable” now, while you have time to do it well rather than defensively.
  • Pushing your email vendor for concrete answers on encryption standards, MFA enforcement, audit logging, and breach notification — the same technical controls the proposed rule would make mandatory.
  • Building (or updating) a written, enforcement-ready posture: policies, vendor agreements, certifications and verifications, test results, and training records that would hold up under an OCR investigation today, not just in a future compliance deadline.

Get LuxSci’s new Definitive Guide on the new HIPAA Security Rule

From Addressable to Mandatory: Email Encryption Under the New HIPAA Security Rule provides the latest update on the rule, what it means for healthcare email encryption, and what you can do now to properly prepare for what’s coming in 2027. The guide also includes an interactive scorecard that lets you evaluate your current email set up and vendor across seven security and compliance dimensions in under two minutes, no email address required.

You can read the guide here: From Addressable to Mandatory: Email Encryption Under the New HIPAA Security Rule

If you want a second set of eyes on where your organization stands, our team offers a free 30-minute compliance assessment of your current email environment against the proposed rule’s requirements.

Reach out today and schedule a call.

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Your Email Platform Is Becoming Critical Healthcare Infrastructure

Most healthcare organizations view email as a utility, a necessary tool for sending messages between staff, communicating with patients, sending out newsletters, connecting workflows, and so on. Historically, IT teams focused on keeping it running, security teams worried about phishing, and compliance teams made sure sensitive emails were encrypted.

Today, however, that view is rapidly becoming outdated.

Email has evolved into one of healthcare’s most critical digital infrastructure components, and also one of it’s biggest security threats. It’s a core channel for patient engagement, care coordination, revenue cycle operations, digital marketing, remote monitoring, and increasingly, AI-powered communications. The organizations that recognize this shift are building communications platforms designed for security, performance, automation, and growth. With the new HIPAA Security Rule requiring email encryption on the horizon, those companies that don’t may find themselves constrained by systems that were never intended to support modern healthcare.

Email Is No Longer Just a Messaging Tool

Healthcare organizations now depend on email to support dozens of mission-critical workflows every day.

Patients receive appointment reminders, registration instructions, imaging results, billing notifications, Explanation of Benefits (EOBs), prescription updates, preventive care reminders, patient education, and post-discharge follow-up.  Marketing teams deliver personalized wellness campaigns and service line promotions. Clinical systems generate transactional notifications. Revenue cycle teams rely on secure digital communications to accelerate payments and reduce paper costs.

For many organizations, mission-critical patient communications flow through email every month.

When viewed collectively, email is more than a simple communications channel. It has become operational infrastructure with high levels of security needed and increasing compliance requirements.

The Stakes Continue to Rise

As healthcare becomes more digital, every communication carries greater business and clinical importance.

A delayed billing email may postpone payment. A failed appointment reminder can increase no-show rates. An undelivered care management message may impact patient outcomes. A misconfigured security policy can expose protected health information (PHI). Poor deliverability can undermine expensive patient engagement initiatives before they ever reach the inbox.

These are no longer isolated IT issues. Email can affect revenue, patient satisfaction, operational efficiency, compliance, and organizational reputation.

Today’s healthcare leaders require email infrastructure to provide the same reliability and visibility they demand from electronic health records, identity management systems, and other core infrastructure.

AI Is Raising the Bar Even Higher

There’s little doubt that artificial intelligence (AI) promises to transform patient communications.

Healthcare organizations everywhere are exploring AI-generated patient education, personalized outreach, intelligent scheduling, multilingual communications, and automated follow-up programs.

But AI also increases the importance of the underlying communications infrastructure.

Generating more personalized emails means little if organizations cannot:

  • Automatically protect PHI.
  • Apply consistent security policies.
  • Maintain complete audit trails.
  • Deliver messages reliably.
  • Integrate with EHRs, RCM and CRM platforms, and customer data platforms.
  • Demonstrate compliance during an audits.

In many ways, AI amplifies both the opportunities and the risks. Your email platform can help determine whether AI initiatives succeed or create new compliance and operational challenges.

Infrastructure Matters More Than Features

Healthcare buyers have traditionally evaluated email platforms based on individual features such as encryption, spam filtering, or secure portals.

Those capabilities remain important, but they no longer tell the whole story.

Today’s healthcare organizations should be evaluating communications platforms the same way they evaluate any mission-critical infrastructure.

Questions increasingly include:

  • Can it support both transactional and marketing communications?
  • Does it automatically enforce security policies without relying on user decisions?
  • Can it integrate with EHRs, CRM systems, CDPs, and business applications?
  • Will it scale during peak communication periods?
  • Does it provide detailed audit logging and reporting?
  • Can it adapt as regulatory expectations evolve?
  • Does it maintain high deliverability at enterprise scale?
  • Does it support single-tenant dedicated infrastructure for high performance and increased security?

These infrastructure characteristics often determine long-term success far more than any single feature comparison.

Email and the Future Of Secure Healthcare Communications

Healthcare is steadily moving toward a world where nearly every patient interaction is digital, personalized, and data-driven.

Healthcare leaders often ask whether they need a more secure email solution. That may be the wrong question.

The better question is whether their communications infrastructure is ready for where healthcare is headed over the next decade.

If you want talk about the future of your healthcare email infrastructure, reach out today and schedule a 30-minute assessment call with our experts.

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Is Microsoft Outlook HIPAA compliant?

Is Microsoft Outlook HIPAA Compliant? Understanding Microsoft Email Security

Microsoft Outlook is one of the most widely used email platforms, including in healthcare, but is it truly HIPAA-compliant? The answer isn’t straightforward. While Outlook, and the entire Microsoft 365 application suite, offer security features that can support HIPAA compliance, they are not inherently compliant out of the box. 

Healthcare organizations must actually take additional measures to ensure they meet HIPAA’s stringent requirements before they can transmit electronic protected health information (ePHI) in their email communications – without risking the consequences of non-compliance. 

With this in mind, this post examines Microsoft 365 and Microsoft Outlook’s security capabilities, where and how they fall short of compliance standards, and, subsequently, how to secure each application in accordance with HIPAA regulations. 

Understanding HIPAA Compliant Email Requirements

HIPAA compliant email requires healthcare organizations to implement a series of technical, administrative, and physical safeguards to protect the sensitive patient data that they’ve amassed during the course of their operations – and are legally obliged to secure it in transit and at rest. Taking a brief look at each category in turn, these safeguards include: 

Technical

  • Encryption: converting ePHI into an unreadable format.
  • Access controls: ensuring only authorized personnel can access patient data.
  • Audit logs: tracking who has accessed ePHI and what they did with it.

Administrative

  • Risk assessments: identifying and categorizing risks to ePHI and implementing mitigation measures.
  • Workforce training: educating employees, especially those who handle ePHI, on how to identify cyber threats, e.g, phishing, and how to respond. 
  • Business Associate Agreements (BAAs): a required document for HIPAA compliance that outlines each party’s responsibility and liability in protecting patient data.

Physical safeguards: 

  • Securing servers: preventing access to the servers on which ePHI resides.
  • Restricting device access: implementing measures to keep malicious actors from accessing employee devices, should one fall into their hands.
  • Implementing screen locks: a simple, yet effective, form of device access control is setting them to lock after a few seconds of inactivity.

What Security Features Do Microsoft 365 and Microsoft Outlook Have?

Before detailing how Microsoft 365 and Microsoft Outlook do not meet HIPAA’s standards by default, let’s look at its security features:

1. Encryption and Data Protection

Microsoft 365 offers several encryption options, including:

  • TLS: Transport Layer Security (TLS) secures email in transit but does not encrypt emails at rest; if a recipient’s email server does not support TLS, messages may be sent in plaintext.
  • Office Message Encryption (OME): Office Message Encryption (OME) allows users to send encrypted messages, but it requires recipients to log in to a Microsoft account or use a one-time passcode. OME integrates with Microsoft 365’s Purview Message Encryption feature, which incorporates encryption, Do Not Forward, and rights management. 
  • BitLocker Encryption: Encrypts data at rest within Microsoft’s cloud infrastructure.
  • Azure Information Protection: a cloud-based solution that allows users to classify, label, and protect data based on its sensitivity.

While these encryption methods provide some security, they lack the flexibility and automation needed to ensure consistent HIPAA compliance, especially for high-volume email campaigns.

2. Access Controls & Authentication

Microsoft 365 and Microsoft Outlook include access controls, such as role-based permissions and device management policies, and user authentication measures such as Multi-Factor Authentication (MFA). However, organizations must actively manage and enforce these policies to prevent breaches.

3. Audit Logging & Compliance Reporting

Microsoft provides audit logging and reporting tools via the Microsoft Purview Compliance Portal. These logs help organizations track access to ePHI, but proper configuration is required to ensure that HIPAA-required retention policies are met.

4. Business Associate Agreement

One of the distinguishing features of using Microsoft 365 and Microsoft Outlook is that the company will sign a Business Associate Agreement (BAA) with healthcare organizations. However, the Microsoft BAA only applies to specific Microsoft 365 services that meet HIPAA requirements, such as Outlook, Exchange Online, and OneDrive – while apps like Skype may not be covered. 

This means healthcare organizations must carefully configure Microsoft 365 to use only HIPAA-covered services and apply security controls like encryption, access restrictions, and audit logging. 

How Microsoft Outlook and Microsoft 365 Fall Short of HIPAA Regulations

Despite Microsoft 365 and Outlook’s comprehensive security features, out of the box, they still lack a series of capabilities and configurations that prevent them from being fully HIPAA-compliant. 

  1. No End-to-End Encryption: TLS protects emails in transit, but messages may be readable on recipient servers if they don’t support TLS, exposing ePHI.
  2. Lack of Automatic Encryption: Microsoft 365 requires users to manually apply encryption settings for emails containing sensitive data, increasing the risk of human error and falling victim to data breaches.
  3. Key management issues: healthcare organizations must rely on Microsoft’s encryption key management, rather than maintaining full control over their own keys.
  4. Lack of recipient flexibility: OME requires recipients to authenticate via Microsoft accounts, which can be cumbersome for patients and other third-parties.
  5. Limited DLP Enforcement: Outlook’s default settings don’t prevent ePHI from being sent unencrypted without proper data loss prevention (DLP) rules.
  6. Audit Logging Gaps: while Microsoft 365 logs activity, they must be reviewed and retained properly to meet HIPAA guidelines.


To bridge these security gaps, healthcare organizations need an additional layer of protection.

In short, Microsoft 365 and Microsoft Outlook are not HIPAA-compliant out of the box, and healthcare companies should fully understand the implications and steps needed before using them for HIPAA compliant email communications and campaigns. However, unlike other leading email platforms, such as Mailchimp and SendGrid, they can be made HIPAA-compliant.

How LuxSci Makes Microsoft 365 and Microsoft Outlook Email HIPAA-Compliant

If your organization relies on Microsoft 365 or Microsoft Outlook for its email communications, LuxSci can streamline the process of making the platform HIPAA compliant – better-securing ePHI in the process and helping you avoid the consequences of a compliance shortfalls and a data breach.. 

LuxSci’s HIPAA compliant email features were specially designed with the security needs of healthcare organizations in mind, and include:

1. Automatic, End-to-End Email Encryption

LuxSci’s SecureLine™ encryption dynamically applies the strongest available encryption, including TLS, PGP and S/MIME,  based on the recipient’s server’s security posture and capabilities, ensuring that every email remains secure without manual intervention, and reducing human error.

2. Seamless Integration with Microsoft 365

With LuxSci’s Secure Email Gateway, organizations can continue using Microsoft 365 and Microsoft Outlook for email, while benefiting from automated encryption, outbound email filtering, and advanced compliance logging, where logs are retained per HIPAA’s strict requirements.

3. Dedicated, HIPAA-Compliant Infrastructure

LuxSci offers dedicated email servers with full control over encryption keys, ensuring compliance with HIPAA and other data privacy regulations, such as GDPR and HITRUST. This is particularly important for organizations needing high-volume email security without performance bottlenecks.

4. Secure Patient Communication & Forms

Beyond email encryption, LuxSci provides Secure Forms and Secure Text, allowing healthcare providers, payers and suppliers to safely collect sensitive patient data and improve patient engagement and workflows. 

Talk to Our Experts Today

If your organization relies on Microsoft 365 or Microsoft Outlook for email and wants to ensure full HIPAA compliance, schedule an intro call or demo with LuxSci today. Our experts will answer all your questions and help you implement a secure, high-performance email solution tailored to your needs.

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Signing a BAA Does Not Automatically Make You HIPAA Compliant

For healthcare organizations, choosing the right product and service vendors is essential for achieving HIPAA compliance. One of the key prerequisites of a HIPAA-compliant vendor is the willingness to sign a Business Associate’s Agreement (BAA): a legal agreement that outlines both parties’ responsibilities and liabilities in securing protected health information (PHI). 

However, despite what some healthcare organizations have been led to believe, simply signing a BAA with a vendor doesn’t guarantee your use of their product or service will be HIPAA-compliant. In reality, a BAA is just the beginning, and there are several subsequent actions both healthcare organizations and their supply chain partners must take to ensure the compliant use of PHI, especially over communications channels like email. 

With this in mind, this post explores some of the reasons why signing a BAA on its own doesn’t ensure the security of PHI and protect your organization from HIPAA violations.

Business Associate Agreements (BAAs) Explained 

As touched upon above, a BAA is a legally-binding document established between a covered entity (CE), i.e., healthcare organizations, and a business associate (BA), i.e, any company that handles PHI in providing a CE with products or services. For a BA to handle patient or customer data on behalf of a CE, following HIPAA regulations, there must be a BAA in place. 

A BAA details:

  • Each party’s roles, responsibilities, and liabilities in securing PHI.
  • The permitted uses of PHI by the BA and, conversely, restrictions on any other use.
  • The BA’s responsibilities in implementing appropriate administrative, technical, and physical security measures to best protect PHI.
  • The BA’s obligations to report any unauthorized use, disclosure, or breach of PHI.
  • That the BA is required to assist with patient rights support, i.e., data access, amendments, and accounting of disclosures, when appropriate.
  • The BA’s obligations in making records available for audits or investigations.  
  • The CE’s right to terminate the contract if the BA fails to fulfil their obligations in safeguarding PHI.

Additionally, if a BA employs a third-party company, i.e., a subcontractor, that will have access to a CE’s PHI, they are required to establish a BAA with that company. This then makes the subcontractor a “downstream BA” of the CE, and subject to the same obligations and restrictions placed on the original BA. This ensures the security protections mandated by HIPAA flow down the entire chain of custody for sensitive patient and customer data.

Compliance Considerations After Signing a Business Associate Agreement (BAA)

Now that we’ve covered what a BAA is and the role it plays in ensuring data privacy, let’s move on to exploring some of the key things you have to do following the singing of a BAA to ensure HIPAA compliance.  

1. Both Parties Must Implement HIPAA-Required Data Risk Mitigation Measures 

    First and foremost, while a BAA details each party’s respective responsibilities in implementing measures to protect PHI, both still actually need to implement those required security features to achieve HIPAA compliance. 

    The measures required under HIPAA’s Security Rule, including encryption and access control, are designed to mitigate and minimize the impact of data breaches. So, if a company suffers a security breach and later audits show the required security policies and controls were not in place, they would be subject to the consequences of HIPAA violations, including fines and reputation damage.   

    Also, while a BAA stipulates that the BA is responsible for implementing the HIPAA-required safeguards for the PHI under their care, it doesn’t specify exactly which security measures they must implement. Subsequently, that’s left to the BA to interpret based on their understanding of HIPAA requirements, and how they conduct their required risk assessments.

    For example, if you have a BAA with your email services provider, that alone may not be enough to keep your company or organization HIPAA compliant. That’s because the provider may not have the security measures your organization needs, and instead have a carefully worded BAA that will leave you vulnerable.

    Let’s say your email marketing service provider is a “semi-HIPAA compliant” provider. In these cases, they may not offer email encryption, or the necessary access control measures your organization needs to send PHI and other sensitive information safely. The so-called HIPAA compliance may be limited only to data stored at rest on their servers only.

    In short, although a BAA outlines each party’s commitment to securing data, both parties still have to follow through on implementing risk mitigation measures. Additionally, though a healthcare company has its BA’s assurances that they’ll have the appropriate safeguards in place, CEs often only have limited visibility into its ongoing security posture. As a result, asking the right questions and working with a proven HIPAA compliant provider are critical steps healthcare organizations must take to ensure full compliance.

    2. CEs Must Stick to “In-Scope” Services

      While a BA may provide a CE with a range of services, many limit the coverage of their BAAs to particular “in-scope” services. As a result, if a healthcare organization were to use a service outside the coverage of the BAA, i.e., an “out-of-scope” service, they’d risk exposing patient data and incurring HIPAA violations.

      And, even when a service is in-scope, the BA is still required to configure it properly for it to be compliant. These configurations could include:

      • Enabling encryption
      • Establishing access control
      • Activating multi-factor authentication (MFA)
      • Turning on audit logging 

      With this in mind, it’s crucial to ensure that the “complete” service or tool – not just a part of it – is covered by a BAA before using it to process PHI. Similarly, check the terms of your BAA for configuration or security best practices that offer guidance on fully HIPAA compliant use, and make sure your responsibilities as a CE are 100% clear.

      3. Staff Must Be Trained to Securely Handle PHI 

        Another key reason that signing a BAA doesn’t automatically result in HIPAA compliance is the likely need for both parties to educate their staff on how to securely handle sensitive data, such as PHI.

        Firstly, as discussed above, only some of the services offered by a BA may be covered by its agreement. Subsequently, a healthcare organization’s employees need to be sufficiently trained on the use and disclosure of PHI, namely, the services in which they’re permitted to process PHI and which, in contrast, services are non-compliant.

        By the same token, as well as implementing the stipulated safeguards, BAs are responsible for training their workforce on how to use and, where appropriate, configure them. This will help ensure the limited, correct use and disclosure of PHI as allowed by the BAA. 

        4. Reporting Requirements

          A BAA stipulates that a BA must notify the CE in the event of improper or unauthorized use of PHI. More specifically, this includes: 

          • Reporting immediately any use or disclosure not permitted by the terms of the BAA.
          • Notifying the CE of security incidents resulting in the potential exposure of  PHI.

          However, the commitment to reporting in the BAA and the ability to deliver on that commitment are two different things entirely. Firstly, the BA must implement the policies and infrastructure that allow for timely incident reporting. This includes conducting risk analysis, implemeting continuous monitoring, and developing a robust incident response plan. 

          Additionally, a key aspect of prompt, comprehensive reporting includes the BA ensuring that their staff are sufficiently trained to detect and report security events. As part of their training on the secure handling of PHI, a BA’s employees must be able to recognize common security issues and threats, such as improper email configurations and phishing attempts, and how to report them.

          5. Subcontractor BAAs

            While CEs must sign BAAs with their BAs for the compliant use and disclosure of PHI, they don’t have to sign such agreements with any subcontractors the BA may employ. Instead, it’s the responsibility of the BA to enter into their own business associate agreements with their subcontractors. As a result, the original security obligations are passed all the way down the data’s chain of custody. 

            While a CE can take certain measures to enforce this, such as requesting proof of subcontractor BAAs – or even the ability to review subcontractors before beginning engagement – ultimately, they have little control over their security postures. Ultimately, this means that they have to trust that the original service BA does their due diligence in selecting security-minded subcontractors, with the right PHI safeguards in place.  

            HIPAA Compliance Beyond a BAA with LuxSci

            LuxSci’s secure healthcare communications solutions – including HIPAA compliant email, text, marketing and forms – are designed specifically with the stringent compliance requirements of the healthcare industry in mind. 

            LuxSci also provides onboarding, comprehensive documentation, and support to ensure your infrastructure configurations align with HIPAA requirements, so you can confidently include PHI in your healthcare engagement communications campaigns.

            Contact LuxSci today to discover more about achieving compliance beyond obtaining a BAA.

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            Mailchimp HIPAA compliant

            Is Mailchimp HIPAA Compliant?

            The question “Is Mailchimp HIPAA-compliant?” has echoed across healthcare companies and organizations countless times. Whenever they explore their options for email automation and marketing software, the popular provider’s name tends to be one of the first to pop up.

            Offering an integrated email marketing solution that enables businesses to streamline how they connect with their customers, Mailchimp has long been the go-to option for companies looking to improve their engagement efforts.

            With healthcare organizations using the platform to distribute emails, send newsletters, share content on their social channels, track their results and more, it’s only natural that these companies are also wondering whether Mailchimp HIPAA-compliant bulk email is possible.

            IS MAILCHIMP HIPAA COMPLIANT?

            Unfortunately, the answer will disappoint many in the healthcare sector, as well as other businesses and companies that deal with electronic protected health information (ePHI): Mailchimp is not HIPAA-compliant.

            Despite this, however, the platform does have some promising security features and policies that make it seem as though Mailchimp could be a HIPAA-compliant marketing email option, including:

            Now, while these security features are certainly encouraging, there is a significant omission that prevents Mailchimp from being a HIPAA-compliant email provider.

            MAILCHIMP: NO BUSINESS ASSOCIATE AGREEMENT 

            According to the HIPAA Privacy Rule, “A business associate is a person or organization that performs certain functions or activities that involve the use or disclosure of protected health information (PHI) by a covered entity”.

            In the context of a HIPAA-compliant email provider, Mailchimp would be the business associate and the healthcare organization would be the covered entity.

            Subsequently, a business associate agreement (BAA) is a written contract between a covered entity and a business associate that is essential for HIPAA compliance. It details how two organizations can share data and under what circumstances. A BAA also delineates where the legal responsibilities of each party fall and who will be culpable if there are any problems.

            BAAs are a critical part of HIPAA compliance and failure to have one is considered an immediate HIPAA violation. It doesn’t matter if all security best practices are being followed, and the ePHI is shared in a manner that’s compliant in every other way – sharing data without a BAA in place is still a violation.

            If a company puts in the extra effort to provide a HIPAA-compliant service, it will generally advertise its compliance to attract more clients from the health sector. In the case of Mailchimp – there is hardly a mention of a BAA on its website.

            Additionally, Section 21 of MailChimp’s Terms of Use states, “You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLBA … If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements.”

            In other words, in contrast to a BAA, Mailchimp is transparent and clear on squarely placing the responsibility of non-compliance on the healthcare organization – even mentioning HIPAA by name.

            Besides the absence of a BAA, Mailchimp also does not make any provision for encrypting the bulk emails that would be sent out from its platform. This makes it unsuitable for sending HIPPA-compliant emails. On top of this, Mailchimp lacks many other security nuances, which wouldn’t be required unless you have to follow HIPAA or other compliance frameworks.

            In conclusion, the only answer to “Is Mailchimp HIPAA-compliant?” is a resounding “No”.

            MAILCHIMP HIPAA-COMPLIANT ALTERNATIVES

            Fortunately, all is not lost for healthcare companies that need a HIPAA-compliant bulk email or high volume email solution, or other HIPAA-compliant marketing tools. While they may have to rule out popular options like Mailchimp, there are several HIPAA-compliant email services that are specifically designed for organizations that have to comply with the regulations.

            As the most experienced HIPAA-compliant email provider, LuxSci specializes in providing secure and HIPAA-compliant services for companies aiming to send hundreds of thousands – or even millions – of emails to patients and customers. In light of this, we place security, regulatory and customer considerations front and center when delivering our solutions.

            Our approach combines the most experience in HIPAA-compliant communications with a suite of secure solutions, including HIPAA-compliant high volume email and HIPAA-compliant email marketing. Our flexible encryption and multi-channel approach to secure healthcare communications enables healthcare companies to strike the right balance between security and regulatory concerns, and communicating with patients and customers over the channel of their choice for better outcomes.

            Interested in discovering how LuxSci’s secure, HIPAA-compliant email, marketing, text and forms solutions can transform your healthcare engagement efforts?

            Contact us to learn more about today!

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