How Do You Know if Software is HIPAA Compliant?

Business Solutions, HIPAA Compliant Email, HIPAA Email Marketing
Pete Wermter
February 21, 2025

As in any industry, the healthcare sector is eager to embrace any new technology solution that increases productivity, enhances operational efficiency, and cuts costs. However, the rate at which healthcare companies – and their patients and customers – have had to adopt new software and digital tools has skyrocketed since the pandemic. And while a lot of this software is beneficial, a key question arises: is it HIPAA compliant? While an application may serve an organization’s needs – and may be eagerly embraced by patients – it also needs to have the right measures in place to safeguard protected health information (PHI) to determine if it is indeed HIPAA compliant.

Whether you’re a healthcare provider, software vendor, product team, or IT professional, understanding what makes software HIPAA compliant is essential for safeguarding patient data and insulating your organization from the consequences of falling afoul of HIPAA regulations.

With this in mind, this post breaks down the key indicators of HIPAA compliant software, the technical requirements you should look for, and best practices for ensuring your software is HIPAA compliant.

What Does It Mean for Software to Be HIPAA-Compliant?

The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for safeguarding PHI, which includes any data related to a patient’s health, treatment, or payment details. In light of this, any applications and systems used to process, transmit, or store PHI must comply with the stringent privacy, security, and breach notification requirements set forth by HIPAA.

Subsequently, while healthcare organizations use a wide variety of software, most of it is likely to be HIPAA-compliant. Alarmingly, many companies aren’t aware of which applications are HIPAA-compliant and, more importantly, if there’s a need for compliance in the first place.

However, it’s important to note that HIPAA itself does not certify software. Instead, it’s up to software vendors to implement the necessary security and privacy measures to ensure HIPAA compliance. Subsequently, it’s up to healthcare providers, payers, and suppliers to do their due diligence and source HIPAA compliant software.

How to Determine If Software Is HIPAA Compliant

So, now that we’ve covered why it’s vital that the applications and systems through which sensitive patient data flows must be HIPAA compliant, how do you determine if your software meets HIPAA requirements? To assess whether software is HIPAA compliant, look for these key indicators:

1. Business Associate Agreement (BAA)

A HIPAA compliant software provider must sign a Business Associate Agreement (BAA) with covered entities, i.e., the healthcare company. A BAA is a legal contract that outlines the vendor’s responsibility for safeguarding PHI. If a software provider doesn’t offer a BAA, their software is NOT HIPAA compliant.

Now, if a vendor offers a BAA, it should be presented front and center in their benefits, terms or conditions, if not on their website homepage as part of their key features. If a vendor has taken the time and effort to make their infrastructure robust enough to meet HIPAA regulations, they’ll want to make it known to reassure healthcare organizations of their suitability to their particular needs.

2. End-to-End Encryption

A key requirement of the HIPAA Security Rule is that sensitive patient data is encrypted end to end during its transmission. This means being encrypted during transit, i.e., when sent in an email or entered into a form, and at rest, i.e., within the data store in which it resides.

In light of this, any software that handles PHI should use strong encryption standards, such as:

Transport Layer Security (TLS – 1.2 or above): for secure transmission of PHI in email and text communications.
AES (Advanced Encryption Standard) 256: the preferred encryption method for data storage as per HIPAA security standards, due to its strength.

3. Access Controls and User Authentication

One of the key threats to the privacy of patient data is access by unauthorized parties. This could be from employees within the organization who aren’t supposed to have access to PHI. In some, or even many, cases, this may come down to lax and overly generous access policies. However, this can result in the accidental compromise of PHI, affecting both a patient’s right to privacy and, in the event patient data is unavailable, operational capability.

Alternatively, the exposure of PHI can be intentional. One on hand, it may be from employees working on behalf of other organizations, i.e., disgruntled employees about to jump ship to a competitor. More commonly, unauthorized access to patient data is perpetrated by malicious actors impersonating healthcare personnel. To prevent the unintended exposure of PHI, HIPAA compliant infrastructure, software and applications must support access control policies, such as:

Role-based access control (RBAC): the restriction of access to PHI based on their job responsibility in handling PHI, i.e.., an employee in billing or patient outreach. A healthcare organization’s security teams can configure access rights based on an employee’s need to handle patient data in line with their role in the company.
Multi-factor authentication (MFA): this adds an extra layer of security beyond user names and passwords. This could include a one-time password (OTP) sent via email, text, or a physical security token. MFA is very diverse and can be scaled up to reflect a healthcare organization’s security posture. This could include also biometrics, such as retina and fingerprint scans, as well as voice verification.
Zero-trust security: a rapidly emerging security paradigm in which users are consistently verified, as per the resources they attempt to access. This prevents session hijacking, in which a user’s identity is trusted upon an initial login and verification. Instead, zero trust continually verifies a user’s identity.
Robust password policies: another simple, but no less fundamental, component of user authentication is a company’s password policy. While conventional password policies emphasize complexity, i.e., different cases, numbers, and special characters, newer password policies, in contrast, emphasize password length.

4. Audit Logs & Monitoring

A key HIPAA requirement is that healthcare organizations consistently track and monitor employee access to patient data. It’s not enough that access to PHI is restricted. Healthcare organizations must maintain visibility over how patient data is being accessed, transferred, and acted upon (copied, altered, deleted). This is especially important in the event of a security event when it’s imperative to pinpoint the source of a breach and contain its spread.

In light of this, HIPAA compliant software must:

Maintain detailed audit logs of all employee interactions with PHI.
Provide real-time monitoring and alerts for suspicious activity.
Support log retention for at least six years, as per HIPAA’s compliance requirements.

5. Automatic Data Backup & Disaster Recovery

Data loss protection (DLP) is an essential HIPAA requirement that requires organizations to protect PHI from loss, corruption, or disasters. With this in mind, a HIPAA-compliant software solution should provide:

Automated encrypted backups: real-time data backups, to ensure the most up-to-date PHI is retained in the event of a security breach.
Comprehensive disaster recovery plans: to rapidly restore data in case of cyber attack, power outage, or similar event that compromises data access.
Geographically redundant storage: a physical safeguard that sees PHI. stored on separate servers in different locations, far apart from each other. So, if one server goes down or is physically compromised (fire, flood, power outage, etc.,) patient data can still be accessed.

6. Secure Messaging and Communication Controls

For software that involves email, messaging, or telehealth, i.e., phone or video-based interactions, in particular, HIPAA regulations require:

End-to-end encryption: for all communications, as detailed above.
Access restrictions: policies that only enable those with the appropriate privileges to view communications containing patient data.
Controls for message expiration: automatically deleting messages after a prescribed time to mitigate the risk of unauthorized access.
Audit logs: to monitor the inclusion or use of patient data.

7. HIPAA Training & Policies

Even the most secure software can be compromised if its users aren’t sufficiently trained on how to use it. More specifically, the risk of a security breach is amplified if employees don’t know how to identify suspicious behavior and who to report it to if an event occurs. With this in mind, it’s prudent to look for software vendors that:

Offer HIPAA compliance and cyber safety awareness training for users.
Implement administrative safeguards, such as usage policy enforcement and monitoring.
Support customizable security policies to align with your organization’s compliance needs.

Shadow IT and HIPAA Compliance

Shadow IT is an instance of an application or system being installed and used within a healthcare organization’s network without an IT team’s approval. Despite its name, shadow IT is not as insidious as it sounds: it’s simply a case of employees unwittingly installing applications they feel will help them with their work. The implications, however, are that:

IT teams are unaware of said application, and how data flows through it, so they can’t secure any PHI entered into it.
The application may have known vulnerabilities that are exploitable by malicious actors. This is all the more prevalent with free and/or open-source software.

While discussing the issue of shadow IT in general, it’s wise to discuss the concept of “shadow AI” – the unauthorized use of artificial intelligence (AI) solutions within an organization without its IT department’s knowledge or approval.

It’s easily done: AI applications are all the rage and employees are keen to reap the productivity and efficiency gains offered by the rapidly growing numbers of AI tools. Unfortunately, they fail to stop and consider the data security risks present in AI applications. Worse, with AI technology still in its relative infancy, researchers, vendors, and other industry stakeholders have yet to develop a unified framework for securing AI systems, especially in healthcare.

Consequently, the risks of entering patient data into an AI system – particularly one that’s not been approved by IT – are considerable. The privacy policies of many widely-used AI applications, such as ChatGPT, state the data entered into the application, during the course of engaging with the platform, can be used in the training of future AI models. In other words, there’s no telling where patient data could end up – and how and where it could be exposed.

The key takeaway here is that entering PHI into shadow IT and AI applications can pose significant risks to the security of patient data, and employees should only use solutions vetted, deployed, and monitored by their IT department.

Best Practices for Choosing HIPAA Compliant Software

Now that you have a better understanding of how to evaluate software regarding HIPAA compliance, here are some best practices to keep in mind when selecting applications to facilitate your patient engagement efforts:

✔ Look for a BAA: quite simply, having a BAA in place is an essential requirement of HIPAA-compliant software. So, if the vendor doesn’t offer one, move on.

✔ Verify encryption standards: ensure the software encrypts PHI both at rest and in transit.

✔ Test access controls: choose HIPAA-compliant software that allows you to restrict access to PHI based on an employee’s role within the organization.

✔ Review audit logging capabilities: HIPAA compliant software should track every PHI interaction. This also greatly assists in incident detection and reporting (IDR), as it enables security teams to pinpoint and contain cyber threats should they arise.

✔ Ensure compliance support: knowing the complexities of navigating HIPAA regulations, a reputable software vendor should provide comprehensive documentation on configuring their solution to match the client’s security needs. Better yet, they should provide the option of cyber threat awareness and HIPAA compliance training services.

✔ Create a List of Software Vendors: combining the above factors, it’s prudent for healthcare organizations to compile a list of HIPAA compliant software vendors that possess the features and capabilities to adequately safeguard PHI.

Choosing HIPAA Compliant Software

Matching the right software to a company’s distinctive workflows and evolving needs is challenging enough. However, for healthcare companies, ensuring the infrastructure and applications within their IT ecosystem also meet HIPAA compliance standards requires another layer of, often complicated, due diligence.

Failure to deploy a digital solution that satisfies the technical, administrative, and physical security measures required in a HIPAA compliant solution exposes your organization to the risk of suffering the repercussions of non-compliance.

If select and deploy the appropriate HIPAA compliant software, in contrast, your options for patient and customer engagement are increased, and you’ll be able to include PHI in your communications to improve patient engagement and drive better health outcomes. Schedule a consultation with one of our experts at LuxSci to discuss whether the software in your IT ecosystem meets HIPAA regulations. and how we can assist you in ensuring your organization is communicating with patient and customers in a HIPAA compliant way.

Pete Wermter

As a marketing leader with more than 20 years of experience in enterprise software marketing, Pete's career includes a mix of corporate and field marketing roles, stretching from Silicon Valley to the EMEA and APAC regions, with a focus on data protection and optimizing engagement for regulated industries, such as healthcare and financial services. Pete Wermter — LinkedIn

Get in touch

Find The Best Solution For Your Organization

Talk To An Expert & Get A Quote

First Name

Last Name

Work Email

Phone

Company

Type of Inquiry

Company Size

Message (optional)

Acceptance

I consent to be contacted by LuxSci for this inquiry and other relevant content, products, and services. You may unsubscribe from these communications at any time. We're committed to your privacy. For more information, check out our Privacy Policy.

A member of our staff will reach out to you

Search

Get Your Free E-Book!

LuxSci High Email Deliverability Best Practices Paper

What you’ll learn:

Rethinking HIPAA Compliant Email – Not Just a Checkbox

January 20, 2026
Pete Wermter

The compliance-only mentality is outdated.

Let’s be honest—when most healthcare organizations think about HIPAA compliant email, it’s usually in the context of avoiding fines or satisfying checklists. And while yes, compliance is critical, viewing it only through the lens of risk management is a missed opportunity.

In reality, HIPAA compliant email, when implemented properly, is one of the most powerful tools for patient and customer engagement. Why? Because it unlocks the ability to leverage protected health information (PHI) safely, enabling personalized, timely, and high-impact email communication that drives better engagement, satisfaction, and outcomes.

What Makes Email Truly HIPAA Compliant?

As a reminder, HIPAA compliant email requires that protected health information (PHI) is safeguarded both in transit and at rest. That means your email provider must:

Use encryption at all times

Be access-controlled

Include audit logs

Be stored and transmitted in a secure manner

Provide a Business Associate Agreement

Regular email services just don’t cut it. In fact, most consumer or marketing email platforms like Sendgrid or Constant Contact, while great at sending email, are not HIPAA compliant or have limitations when it comes to using PHI in your messages. Even when bolted-on encryption solutions are used, they often lack the flexibility, scalability, and automation needed for safe and effective healthcare email engagement.

LuxSci goes beyond the basics with policy-based encryption, secure TLS, PKI encryption and escrow/secure portal options. LuxSci’s SecureLine™ encryption technology dynamically selects the appropriate encryption method based on recipient capabilities and messaging context and can be configured to enforce secure delivery automatically according to organizational policies. LuxSci also provides the ability to enforce advanced multi-factor authentication. Every message is tracked with full audit trails—no guesswork, no loose ends.

The Real Opportunity – Secure, Personalized Email with PHI

Using PHI to Drive Personalized Messaging
Imagine sending a personalized reminder to a diabetic patient about an upcoming check-up. Or reaching out to new mothers with postnatal care resources tailored to their needs. Or sending automated email workflows to all your members to accelerate and increase new plan enrollments. Or email customer and prospects about a new product upgrade or new service offering. The list goes on. That’s the power of PHI-personalized email—when done securely.

Targeted Segmentation with Sensitive Data
With HIPAA compliant email solutions like LuxSci, you can segment your audience based on real health data with high levels of precision, such as chronic conditions, appointment history, insurance status, health risks, and more, without compromising patient trust or security.

Breaking the One-Size-Fits-All Approach in Healthcare Email
Generic email blasts are over. Modern patients expect personalization. With LuxSci, you can deliver highly targeted, highly secure emails with encrypted content, while staying HIPAA compliant.

Real Business Results from Secure Email

Here’s how secure, personalized email can drive improved results across a range of healthcare communications, including:

Increased Patient Appointments and Follow-ups – Sending encrypted, personalized appointment reminders and follow-up notices can reduce no-shows and boost overall appointment volume.
Boosting Preventative Care with Outreach Campaigns – Preventative campaigns (think flu shots or cancer screenings) sent securely to the right segments can lead to higher response rates, better health outcomes, and a lower cost of care.
Improving Health Plan Enrollments – Targeted email outreach during open enrollment, tailored by eligibility or plan type, and powered by automated workflows leads to higher enrollments and lower call center costs.
Driving Awareness and Sales of New Services or Products – Have a product upgrade offer, new wellness program or telehealth service? Send secure, PHI-informed HIPAA compliant email to the right audience for increased sales and faster adoption.
Optimize Explanation of Benefits Notices – Replace snail mail with email that’s fast, reliable and trackable, ensuring customers are informed and compliance is met.

The Healthcare Marketer’s Secret Weapon: Using PHI Responsibly

In a world moving away from third-party cookies, first-party data is more valuable than ever, and PHI is the most powerful form of it in healthcare. With secure HIPAA compliant email, PHI doesn’t have to be locked away. Marketers can safely use it to understand patient needs and send relevant, timely messages. PHI-driven segmentation lets you build hyper-targeted campaigns that speak to relevant conditions, unique needs and timely topics, increasing open rates, clicks throughs, and campaign conversions.

Meeting the Personalization Demands of Today’s Patients and Customers

HIPAA-compliant email is no longer just about checking a box. It’s about unlocking the full potential of your patient and customer data to drive better engagement, healthier outcomes, and measurable business results.

In closing, below are some final thoughts on how secure, HIPAA compliant email delivers long-term value for your organization and better connections with your patients and customers, including:

- Future-Proofing Healthcare Engagement – Patients expect Amazon-level personalization. HIPAA-compliant tools let you meet those expectations securely.

- Adapting to Data Privacy Regulations Beyond HIPAA – From GDPR to state-level privacy laws, secure communication is no longer optional, it’s foundational.

- Building Trust Through Secure Communication – Each secure, personalized message sent is a trust-building moment with your patients and customers.

Why LuxSci? The Infrastructure Behind the Performance

With LuxSci’s secure email infrastructure and email marketing solutions, healthcare organizations can confidently personalize communication, reach patients more effectively, and fuel growth with PHI-safe segmentation, messaging, and email automation.

LuxSci takes data security and email performance to the next level by offering dedicated cloud infrastructure for each customer, which means your email campaigns aren’t slowed down by other vendors on shared cloud services and your attack footprint is much smaller. In short, you get higher delivery rates and throughput with proven HIPAA compliance and data security.

The future of healthcare engagement is personal, secure, and performance-driven—and it starts with HIPAA compliant email done right.

Reach out today with any questions or to learn more about LuxSci.

FAQs

1. Is HIPAA-compliant email necessary for marketing communications?
Yes—if your emails include or are based on PHI (like appointment reminders, condition-based messaging, or insurance info), you need HIPAA-compliant email and recipient consent to avoid legal risk and preserve patient trust.

2. Can PHI be used in marketing emails under HIPAA?
Yes, with proper consent and secure, HIPAA compliant infrastructure like LuxSci’s, PHI can be safely used in emails for personalized, segmented campaigns.

3. How does LuxSci ensure high email deliverability for healthcare messages?
LuxSci uses dedicated cloud servers for each customer, active email reputation monitoring, and best-practice configurations to ensure high deliverability rates for sensitive emails.

4. Is LuxSci only for marketing teams?
No—LuxSci supports marketing, clinical, operations, and IT teams by enabling secure, compliant email communication across the entire organization.

5. What types of PHI can I use to segment campaigns using LuxSci?
You can segment based on chronic conditions, visit history, insurance status, provider details, age, gender, location, and more—all while staying fully compliant.

Most Popular LuxSci Blog Posts of 2025

December 30, 2025
Pete Wermter

As we close out 2025, healthcare communicators, IT and compliance leaders, and digital marketers face an ever-changing landscape of security threats, regulatory updates, and technology innovations. At LuxSci, we’re committed to helping you with continuous updates and guidance on the future of secure healthcare communications.

In case you missed it, or need a refresh, below are some of our most popular blog posts from 2025. Enjoy!

1. Improve Email Engagement and Marketing Results with Automated Workflows

Automated workflows are transforming how healthcare organizations engage patients and customers — enabling dynamic, event-driven campaigns that easily scale your outreach and keep you HIPAA compliant. In this post, we introduce LuxSci’s Automated Workflows capability for our Secure Marketing healthcare solution. Learn how sequence-based journeys can personalize outreach and optimize engagement with behavior-based triggers that improve campaign performance — without sacrificing data security.

Read the full post: LuxSci Enhances Secure Marketing with Automated Workflows

2. Healthcare Email Threat Readiness Strategies

Email remains a frontline channel for healthcare communications, and a prime target for cyber threats and criminals. This deep-dive into email threat readiness strategies covers essential practices like continuous monitoring, business continuity planning, and workforce training to mitigate email-borne security risks. Whether you’re responsible for clinical systems, marketing, or enterprise IT, this post provides a strategic playbook to strengthen your defenses, while maximizing your results.

Read the full post: Healthcare Email Threat Readiness Strategies

3. HIPAA Compliant Email — 20 Tips in 20 Minutes

For practical guidance you can apply right now, this on-demand webinar distills 20 key tips for HIPAA-compliant email across technical, legal, and operational domains. Whether you’re refining your infrastructure, improving deliverability, or modernizing your data security posture in 2026, this resource is a time-efficient way to elevate your compliance and security.

Read the post and watch the webinar on demand: HIPAA Compliant Email: 20 Tips in 20 Minutes

4. Is SendGrid HIPAA-Compliant? What You Should Know

Choosing the right email provider matters, especially when Protected Health Information (PHI) is at stake. In this post, we examine SendGrid’s capabilities in the context of HIPAA compliance, outline what it takes to send PHI securely, and offer guidance on evaluating third-party services for secure healthcare email and communication needs.

Read the full post: Is SendGrid HIPAA-Compliant?

5. LuxSci Shines in G2 Winter 2026 Reports

Customer feedback matters to LuxSci. In this post, we share the most recent news about LuxSci’s performance in the G2 Winter 2026 Reports, where we earned 20 badges across categories like Email Security, Encryption, Gateway, and HIPAA-Compliant Messaging. These reviews reflect not just product excellence, but trust from real users, which we work hard to build every day!

Read the full post: LuxSci Shines in G2 Winter 2026 Reports

Looking Ahead to 2026

We look forward to providing more information and insights on secure healthcare communications in the coming year, including the latest on HIPAA compliant email, PHI security, healthcare marketing, threat readiness, and personalized engagement. In the meantime, if you’re not already, follow us on LinkedIn below, and we’ll see you here in 2026!

Follow LuxSci on LinkedIn

LuxSci Welcomes Angel Mazariegos as Head of Finance

December 9, 2025
Pete Wermter

LuxSci, a leader in secure healthcare communications and HIPAA compliant email, is pleased to announce the appointment of Angel Marie Mazariegos as the company’s new Head of Finance. With over 25 years of experience in financial management, accounting, and human resources, Angel will play a central role in advancing LuxSci’s operational excellence and supporting the company’s rapid growth in 2026 and beyond.

Angel brings a wealth of expertise to LuxSci, having held senior leadership positions at organizations focused on financial services, language and access services for healthcare, and human resources. In these roles, Angel has led multi-department Finance and HR teams, spearheading critical initiatives, including ERP implementations, streamlined employee onboarding, and financial process optimization.

In her role at LuxSci, Angel will oversee all aspects of the company’s finance operations, including budgeting, forecasting and reporting. Additionally, Angel will manage the company’s HR function, ensuring that LuxSci continues to foster a strong, people-driven culture based on its Secure, Trust, Responsible and Smart company values.

“Angel’s blend of financial and HR leadership makes her an invaluable addition to the LuxSci executive team and a real asset for our people,” said Mark Leonard, CEO of LuxSci. “We look forward to working with Angel to build the high-performing teams that will be critical to our future growth and serving the evolving needs of our customers.”

Angel holds dual MBA degrees in Accounting and Human Resource Management from Cappella University, as well as dual BS degrees in Business Administration (Accounting and CIS Business Systems) from California State University, Los Angeles.

“I am honored to join the LuxSci team at such an exciting time for the company,” said Mazariegos. “I look forward to working with the team and helping build on LuxSci’s reputation for excellence and reliability in secure healthcare communications.”

LuxSci Shines in G2 Winter 2026 Reports, Underscoring Commitment to Product Leadership and Trusted Relationships

December 4, 2025
Pete Wermter

We’re pleased to announce that LuxSci has been recognized for excellence and leadership for HIPAA compliant email and messaging in the just-released G2 Winter 2026 Reports!

Based on verified customer reviews, LuxSci earned 20 G2 badges as part of the most recent G2 reports, including top honors such as Grid Leader, Highest User Adoption, Best Support, and Best Estimated ROI.

This recognition further validates what we’ve always believed: our customers don’t just choose a great product — they choose a great partner. At LuxSci, we build long-term, trusted relationships with our customers, anchored in product reliability, industry-leading email deliverability and performance, and the best customer support in the business.

Why G2 Matters

G2 is a globally trusted peer‑review platform that aggregates verified user feedback and real‑world usage data to rank software and service providers. G2’s seasonal reports like the Winter 2026 editions shine a spotlight on latest tools and vendors that deliver consistent value and satisfaction to real customers.

Earning 20 badges this quarter signals a strong vote of confidence from our customers and community, helping affirm that LuxSci is a leading, highly adopted secure email solutions provider.

What We Earned in Winter 2026

Among the 20 badges awarded to LuxSci across Email Security, Email Encryption, Email Gateway and HIPAA Compliant Messaging are:

Grid Leader
Highest User
Best Support
Best Estimated ROI

This broad range of accolades spanning leadership, adoption, support and return on investment underscores the reliability of our solutions and the trust our customers place in us.

Awards Reflect Our Commitment to Customer Success

Reliable. Winning Grid Leader and Highest User Adoption demonstrates that thousands of users are depending on LuxSci, securely delivering emails to today’s most popular platforms, including Gmail, Apple Mail, Yahoo Mail and AOL, to name a few.

Proven. With Best Estimated ROI, customers are saying that LuxSci delivers tangible results, whether in secure email delivery, regulatory compliance, or operational efficiency.

Long‑Term Trust. Best Support is perhaps the most telling because for us, success isn’t just about features, it’s about being there for our customers every step of the way.

Thank you to all of our customers. We remain committed to your success — today and in the future.

Want to learn more about LuxSci? Reach out and connect with us today!

LuxSci Welcomes Angel Mazariegos as Head of Finance

December 9, 2025
Pete Wermter

What Is HIPAA Compliant Marketing?

May 8, 2025
Erik Kangas

HIPAA compliant marketing refers to promotional activities and communications by healthcare organizations that follow federal privacy regulations when using or disclosing Protected Health Information (ePHI) for advertising purposes. The HIPAA Privacy Rule establishes strict limitations on how covered entities can use patient information in marketing communications, requiring written authorization for most marketing activities that involve individually identifiable health information. Healthcare organizations must distinguish between permissible communications about health services and restricted marketing activities to avoid violations and protect patient privacy. Healthcare providers face increasing pressure to compete for patients while navigating complex regulatory requirements for promotional communications.

Why Health Entities Need HIPAA Compliant Marketing Strategies

Healthcare organizations need HIPAA compliant marketing strategies to avoid substantial financial penalties and legal consequences from privacy violations. The Office for Civil Rights can impose fines ranging from $137 to over $2 million per incident when organizations improperly use patient information in marketing communications. High-profile enforcement cases have resulted in multi-million dollar settlements for healthcare providers that violated marketing restrictions, creating strong incentives for compliance.

Patient trust depends on healthcare organizations demonstrating respect for privacy through HIPAA compliant marketing practices. Unauthorized use of patient information in promotional materials can damage provider-patient relationships and harm organizational reputation. Patients who discover their health information was used without permission may lose confidence in their healthcare providers and seek care elsewhere.

Competitive advantage emerges when healthcare organizations implement HIPAA fcompliant marketing strategies that differentiate them from competitors who may cut corners on privacy protection. Organizations that transparently communicate their privacy practices and seek appropriate authorization for marketing communications can build stronger patient relationships. Compliant marketing practices also position organizations favorably during regulatory audits and accreditation reviews.

Legal liability extends beyond HIPAA violations to include potential state privacy law violations and civil claims from patients whose information was misused. Some states have additional privacy protections that exceed federal HIPAA requirements, creating multiple compliance obligations for healthcare marketers. Class action lawsuits may arise when organizations systematically violate patient privacy rights through non HIPAA compliant marketing practices.

What Marketing Activities Require Patient Authorization Under HIPAA?

Email marketing campaigns using patient contact information require written authorization when promoting non-treatment services or third-party products. Healthcare organizations cannot use patient email addresses obtained through clinical encounters to market wellness programs, elective procedures, or pharmaceutical products without explicit patient consent. The authorization must specify the marketing purpose, duration of permission, and patient rights to revoke consent.

Direct mail advertising targeting patients based on their medical conditions requires authorization under HIPAA marketing restrictions. Organizations cannot send promotional materials about diabetes management products to patients with diabetes diagnoses without written permission. The restriction applies even when organizations use their own patient lists rather than purchasing external marketing databases.

Social media marketing that identifies specific patients or uses patient testimonials requires individual authorization from each featured patient. Healthcare organizations cannot post patient success stories, before-and-after photos, or treatment testimonials without written consent that specifically addresses social media use. The authorization must explain how patient information will be used across different social media platforms.

Third-party marketing partnerships that involve sharing patient information require both Business Associate Agreements and individual patient authorizations. Healthcare organizations cannot provide patient lists to pharmaceutical companies, medical device manufacturers, or other marketing partners without proper legal agreements and patient consent. Revenue-sharing arrangements with marketing partners create additional scrutiny under HIPAA regulations.

HIPAA Definition of Marketing Versus Treatment Communications

Treatment communications remain exempt from HIPAA marketing restrictions when they relate directly to patient care or health plan benefits. Healthcare organizations can send appointment reminders, test result notifications, and follow-up care instructions without patient authorization. Educational materials about conditions that patients are receiving treatment for also qualify as treatment communications rather than marketing.

Health plan communications about covered benefits and services do not require authorization under HIPAA marketing rules. Insurance companies can inform members about preventive care coverage, network providers, and utilization management programs without written consent. Communications about plan changes, premium adjustments, or coverage modifications also fall under permissible health plan activities.

Case management and care coordination communications support treatment activities and do not trigger marketing restrictions. Healthcare organizations can discuss treatment options, referrals to specialists, and disease management programs with patients without authorization requirements. The communications must relate to the patient’s current care needs rather than promoting additional services.

Fundraising communications occupy a special category under HIPAA with specific requirements and patient opt-out rights. Healthcare organizations can use limited patient information for fundraising appeals without authorization but must provide clear opt-out mechanisms. Patients who opt out of fundraising communications cannot be contacted again unless they specifically request to resume receiving fundraising materials.

Authorization Requirements

Written authorization documents must include specific elements to meet HIPAA requirements for marketing communications. The authorization must describe the types of information that will be used, identify the recipients of patient information, and explain the purpose of the marketing communication. Patients must receive information about their right to revoke authorization and any consequences of refusing to provide consent.

Expiration dates or events must be specified in marketing authorizations to limit the duration of patient consent. Healthcare organizations cannot obtain open-ended authorization that allows indefinite use of patient information for marketing purposes. The authorization should specify when permission expires or what events will trigger the end of marketing consent.

Signature requirements ensure that patients provide voluntary and informed consent for marketing uses of their health information. Electronic signatures are acceptable under HIPAA when they meet federal electronic signature standards and provide adequate authentication of patient identity. Organizations must maintain signed authorization documents and make them available to patients upon request.

Revocation procedures must be clearly communicated to patients and honored promptly when patients withdraw their marketing consent. Healthcare organizations need systems to process revocation requests quickly and remove patients from marketing communications. The revocation process should be as easy as the initial authorization process to provide patients with meaningful control over their information.

Implementing HIPAA Compliant Marketing Programs

Staff training programs help healthcare teams understand the distinction between permissible communications and restricted marketing activities. Training should cover authorization requirements, documentation procedures, and escalation processes for marketing questions. Marketing staff need specialized training on HIPAA requirements since they may not have clinical backgrounds or previous healthcare compliance experience.

Technology systems can support HIPAA Compliant Marketing Solutions by tracking authorization status and preventing unauthorized communications. Customer relationship management platforms can flag patients who have not provided marketing consent and exclude them from promotional campaigns. Automated systems can also track authorization expiration dates and remove patients from marketing lists when consent expires.

Legal review processes help healthcare organizations evaluate marketing campaigns before launch to identify potential HIPAA compliance issues. Attorneys with healthcare experience can assess whether proposed marketing activities require patient authorization and whether authorization documents meet regulatory requirements. Legal review is particularly important for innovative marketing approaches that may not fit clearly into existing regulatory categories.

Documentation practices ensure that healthcare organizations can demonstrate compliance with HIPAA marketing requirements during audits or investigations. Organizations need records of authorization documents, revocation requests, and compliance training for marketing staff. Documentation should also include policies and procedures for marketing activities and evidence of legal review for marketing campaigns.

Common Mistakes

Patient list assumptions lead to violations when organizations believe they can freely market to existing patients without authorization. Many healthcare providers incorrectly assume that the patient relationship automatically permits marketing communications about non-treatment services. The HIPAA Privacy Rule draws clear distinctions between treatment communications and marketing activities regardless of existing patient relationships.

Social media oversights create compliance risks when healthcare organizations post patient information without adequate authorization or privacy controls. Staff members may share patient stories or photos on organizational social media accounts without understanding authorization requirements. Personal social media use by healthcare employees can also create compliance issues when they discuss patients or treatment experiences.

Vendor partnerships often involve compliance gaps when healthcare organizations work with marketing agencies or technology vendors that lack healthcare experience. External marketing partners may not understand HIPAA requirements and may suggest marketing strategies that violate patient privacy rules. Organizations remain liable for vendor actions that violate HIPAA even when vendors lack healthcare compliance knowledge.

Authorization shortcuts create violations when organizations use generic consent forms or verbal permissions instead of specific written authorizations required for marketing. Some organizations attempt to include marketing consent in general treatment consent forms, which does not meet HIPAA specificity requirements. Verbal consent for marketing activities is not sufficient under HIPAA regulations regardless of documentation attempts

LuxSci Earns 22 G2 Spring 2025 Badges, Including “Best Support” and “Best ROI”

March 25, 2025
Pete Wermter

We’re excited to share that LuxSci has once again been recognized by G2, the world’s largest and most trusted software marketplace, in its Spring 2025 Reports—this time earning 22 new badges across multiple email security and encryption categories. This recognition reflects not only our unwavering commitment to secure healthcare communications, but also the trust and satisfaction of our valued customers, many of whom have been with us for years.

Among the standout G2 accolades:
🏅 Best Support – A badge that means the world to us, as we pride ourselves on offering the smartest, most responsive support in the HIPAA compliant email and communications industry.
💰 Best Estimated ROI – Demonstrates how LuxSci helps organizations maximize value from their investment in HIPAA compliant email communications – with better results like 98% deliverability.
📈 Momentum Leader – Highlighting the rapid adoption and growing impact of our secure healthcare ommunication solutions across email, text, forms and marketing.

A Spring of Recognition for LuxSci’s Secure Healthcare Communications Suite

This season’s G2 recognition spans our Secure Email, Secure Email Gateway, and Secure Text products, which are part of the LuxSci Secure Healthcare Engagement suite of solutions. These achievements reflect real user feedback, aggregated through verified G2 reviews, and they reinforce our commitment to providing the most flexible, scalable, and secure communication tools tailored for the evolving needs of healthcare organizations.

Whether you’re looking to scale secure high-volume email, build personalized communications and marketing campaigns, or accelerate workflows with multi-channel healthcare journeys, LuxSci delivers best-in-class performance and a proven HIPAA compliant solution for a wide range of healthcare communications use cases.

Why This Matters

In today’s digital healthcare landscape, secure, HIPAA-compliant email and communications are critical. But security alone isn’t enough. Providers, payers, and suppliers also need tools that are high-performing, delivered with expert support, and designed to drive business outcomes—from patient engagement to operational efficiency.

That’s where LuxSci stands out. With more than 20 years of experience, MIT roots, and a singular focus on delivering Secure Healthcare Communications, we offer customers not just software, but a strategic partner in transforming the healthcare journey and keeping patient and customer data secure.

Our recognition by G2 in categories like Support, ROI, and Momentum speaks directly to this value. It also confirms that with LuxSci, you’re not just choosing security and compliance—you’re choosing performance, personalization, and long-term success.

Explore What’s Possible with LuxSci

We invite you to discover how LuxSci can support your organization’s email communications and compliance goals. Contact us to learn more about our HIPAA-compliant solutions for secure email, marketing, forms, and text messaging—and why healthcare organizations like Athenahealth, 1800 Contacts, Rotech Medical Equipment, Delta Dental and Eurofins all use LuxSci as their trusted secure communications partner.

What is a HIPAA Compliant Message?

September 25, 2024
Erik Kangas

A HIPAA compliant message securely transmits protected health information while meeting the Security Rule requirements for confidentiality, integrity, and availability. These messages include proper encryption during transmission, verification of recipient identity, access controls, and audit logging capabilities. Healthcare organizations must implement appropriate protections and establish usage policies governing how staff communicate protected health information to maintain compliance with HIPAA regulations.

Requirements for Secure Messaging

A HIPAA compliant message must incorporate several protections to safeguard patient information. Encryption during transmission prevents unauthorized interception of message contents while traveling between sender and recipient. Authentication mechanisms verify the identity of both senders and recipients before allowing access to message contents. Access controls restrict message viewing to authorized individuals with legitimate need for the information. Audit logging creates records of message sending, receipt, and viewing activities with timestamps and user identification. Message integrity protections prevent undetected alterations during transmission or storage. Organizations must implement these safeguards across all platforms used for sending HIPAA compliant messages, including email systems, patient portals, and secure messaging applications.

Message Content Considerations

]The content within a HIPAA compliant message must follow several guidelines to maintain regulatory compliance. Messages should include only the minimum necessary information required for the intended purpose, avoiding excessive disclosure of patient details. Identifiable patient information must be clearly separated from general communication content for proper protection. Message subjects and headers should avoid revealing protected health information that might be visible in notification previews. Disclaimers typically appear at message ends stating confidentiality requirements and instructions for unintended recipients. Healthcare organizations develop content templates that help staff compose a HIPAA compliant message with appropriate structure and security notices. Proper content structuring ensures information remains protected throughout its communication lifecycle.

Acceptable Messaging Platforms

Healthcare organizations can send HIPAA compliant messages through various platforms that meet security requirements. Secure email systems with encryption and access controls provide one common method for protected communications. Patient portal messaging offers a controlled environment where both providers and patients access information through authenticated sessions. Secure text messaging applications designed for healthcare use encrypt communications between clinical staff members. Telehealth platforms include messaging components that maintain security during virtual visits. Fax transmissions to verified numbers remain acceptable for many healthcare communications when received by authorized recipients. Regardless of platform choice, organizations must verify that protections, Business Associate Agreements, and usage policies align with HIPAA requirements for their selected communication channels.

Patient Authorization Requirements

HIPAA compliant messages containing protected health information must adhere to patient authorization requirements. Communications for treatment, payment, and healthcare operations generally proceed without specific patient permission. Messages for other purposes often require documented patient authorization before sending. Patient preferences for communication methods should be recorded and respected for all messages. Some patients may authorize unencrypted communications after being informed of the risks, though organizations should document these preferences carefully. Authorization requirements apply regardless of the security measures implemented for message transmission. Healthcare organizations must train staff to recognize which communications require patient authorization and how to properly document these permissions.

HIPAA Compliant Messaging Documentation

Healthcare organizations must maintain documentation about their HIPAA compliant messaging practices. Policies should clearly define what constitutes appropriate message content and which communication channels may be used for different information types. Procedure documents need to outline steps for sending protected information through various platforms. Training records demonstrate that staff understand proper messaging protocols and security requirements. Technology configurations for messaging systems should be documented to demonstrate appropriate security settings. Audit logs from messaging platforms provide evidence of compliance with access and monitoring requirements. This documentation helps organizations demonstrate their compliance efforts during regulatory reviews or investigations of potential violations.

Messaging Security Breach Prevention

Preventing security breaches represents a crucial aspect of maintaining HIPAA compliant messaging systems. Staff education about phishing threats and social engineering helps prevent credential theft that could lead to unauthorized message access. Message recall capabilities allow addressing accidental disclosures before they become reportable breaches. Automatic lockout after failed login attempts prevents password guessing attacks against messaging accounts. Message expiration and automatic deletion policies reduce the risk window for stored communications. Regular security assessments identify potential vulnerabilities in messaging systems before they can be exploited. Healthcare organizations combine these preventive measures with monitoring systems that detect potential messaging security incidents early, allowing rapid response before patient information becomes compromised.