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How Do You Know if Software is HIPAA Compliant?

How Do You Know if Software is HIPAA Compliant?

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:

  1. IT teams are unaware of said application, and how data flows through it, so they can’t secure any PHI entered into it.
  2. 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.

Picture of Pete Wermter

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

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HIPAA Security Rule Update

The HIPAA Security Rule Missed Its May Deadline — Here’s What We Know

The proposed HIPAA Security Rule update has become one of the most closely watched healthcare compliance developments in recent years. Designed to strengthen cybersecurity protections for electronic protected health information (ePHI), the proposal could significantly reshape how healthcare organizations approach risk management, ePHI encryption, and mandatory email encryption requirements.

A final rule was expected as early as May 2026. However, that deadline has now passed without publication from the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR).

So, what happens next—and what should healthcare IT directors, CISOs, and compliance officers do now?

Where Things Stand Today

The HIPAA Security Rule Notice of Proposed Rulemaking (NPRM) was published on January 6, 2025, with the goal of strengthening cybersecurity protections for ePHI in response to escalating ransomware attacks, healthcare breaches, and growing concerns about cyber resilience across the healthcare sector.

The proposal generated thousands of public comments from healthcare providers, payers, business associates, technology vendors, and industry groups. OCR has spent much of the past year reviewing this feedback and evaluating the operational and financial impact of the proposed changes.

Although the Spring Unified Regulatory Agenda identified May 2026 as a target date for a final rule, that milestone came and went without publication. As of June 2026, the proposed HIPAA Security Rule update remains under review.

While some organizations may be tempted to take a wait-and-see approach, the missed deadline should not be interpreted as a signal that the initiative has stalled. If anything, the proposal offers valuable insight into the future direction of healthcare cybersecurity regulation.

The Growing Focus on Mandatory Email Encryption

One of the most discussed aspects of the proposed HIPAA Security Rule update is encryption.

Under the current HIPAA Security Rule, encryption is generally classified as an “addressable” implementation specification. Organizations can choose alternative safeguards if they document and justify their decisions through a risk analysis process.

The proposed changes would significantly reduce that flexibility. Instead, many security safeguards, including encryption controls, would become more prescriptive and difficult to avoid.

While the final language has not yet been released, healthcare organizations should pay close attention to the proposal’s clear message: protecting ePHI through encryption is increasingly viewed as a baseline cybersecurity requirement.

This is particularly important for email communications.

Email remains one of the most widely used communication channels in healthcare, supporting everything from patient engagement and care coordination to billing, scheduling, and marketing communications. As regulators continue to focus on reducing data breach risks, mandatory email encryption is emerging as a likely area of increased scrutiny.

What Healthcare Organizations Should Do Now

The current delay creates an opportunity, not a reason to postpone action.

Healthcare organizations can begin preparing for likely requirements today by evaluating the security controls highlighted throughout the proposed rule.

Key areas to review include:

  • Encryption of ePHI across systems and communications channels
  • Comprehensive asset inventories and ePHI data mapping
  • Enhanced risk analysis and risk management processes
  • Multifactor authentication (MFA)
  • Vulnerability scanning and penetration testing
  • Incident response planning and testing
  • Backup and recovery procedures
  • Email security and secure email encryption practices

Organizations that proactively strengthen these areas now will be better prepared regardless of the final rule’s implementation timeline.

Why Secure Email Encryption Should Be a Priority

For many healthcare organizations, email remains one of the largest compliance and security risks.

Human error, misdirected messages, phishing attacks, and inconsistent encryption practices continue to contribute to breaches involving protected health information. As a result, secure email encryption is increasingly becoming a foundational component of healthcare cybersecurity strategies.

Organizations that rely on manual encryption processes or employee judgment alone may find it difficult to meet evolving regulatory expectations.

Instead, healthcare organizations should look for solutions that automate encryption decisions, reduce user error, and provide flexibility based on the sensitivity of the communication.

At LuxSci, we have long believed that security and usability must work together. We are 100% focused on secure healthcare communications, helping healthcare providers, payers, and suppliers protect sensitive data while improving patient and customer engagement. Our proven secure email solutions, used by leading companies including Athenahealth, 1-800 Contacts, and Hinge Health, help organizations protect ePHI with automated encryption capabilities that support both compliance and operational efficiency. Our unique SecureLine encryption technology enables organizations to apply the appropriate level of protection while maintaining a seamless experience for patients, customers, and staff.

For organizations already using Microsoft 365 or Google Workspace, LuxSci Secure Email Gateway can add HIPAA-compliant email security and encryption without requiring users to change their existing workflows. This approach helps reduce risk, while preserving productivity and user adoption.

The Bottom Line

The HIPAA Security Rule final rule may have missed its anticipated May deadline, but the cybersecurity challenges driving the proposal remain very real.

The OCR is still expected to make the rule change, which could require mandatory encryption of ePHI by early 2027.

The time to prepare is now!

Healthcare organizations should view the proposed HIPAA Security Rule update as an advance warning of where regulatory expectations are heading. Stronger cybersecurity controls, enhanced risk management, ePHI encryption, and mandatory email encryption requirements are all likely to remain central themes in future compliance efforts.

The organizations that begin preparing now will not only be better positioned for future regulatory changes, but will also strengthen their ability to protect patient data, reduce risk, and build trust in an increasingly challenging threat landscape.

At LuxSci, we’re proud to support the healthcare industry’s ongoing digital transformation through secure healthcare communications. Our HIPAA-compliant solutions for secure email, email marketing, and forms empower organizations to safely use and protect PHI, while delivering better patient experiences and outcomes.

Ready to strengthen your healthcare cybersecurity strategy?

Learn more about LuxSci and our complete suite of HIPAA compliant email and marketing solutions, or schedule a consultation with one of our healthcare communication experts today.

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LuxSci G2

LuxSci Awarded 20 Badges in the G2 Summer 2026 Reports

We’re excited to announce that LuxSci has again been recognized by G2 with 20 badges in its just-released Summer 2026 Reports, highlighting our continued leadership in secure healthcare communications and HIPAA compliant email solutions.

The new LuxSci G2 recognitions span several categories, including:

  • Best Estimated ROI
  • Best Support
  • High Performer
  • Leader

These latest LuxSci G2 awards reflect what matters most to our customers: delivering secure, HIPAA compliant healthcare communications backed by responsive support and measurable business results.

As one of the most trusted providers of HIPAA compliant email, marketing, and forms solutions, we’re proud to see our commitment recognized across multiple product categories and customer satisfaction metrics.

Recognition Built on Customer Experience

LuxSci’s G2 rankings are based on verified customer feedback and real-world user experiences, making these badges especially meaningful to our team.

This year’s Summer Reports recognized LuxSci for consistently delivering value to healthcare organizations looking to securely engage patients and customers while maintaining compliance with HIPAA requirements.

Among the highlights, the LuxSci G2 recognition includes:

  • Best Estimated ROI, reflecting the measurable value customers achieve through secure healthcare communications and personalization
  • Best Support, reinforcing LuxSci’s long-standing reputation for responsive, knowledgeable customer service
  • High Performer badges across multiple categories for customer satisfaction and product performance
  • Leader recognition for delivering secure, scalable communications solutions trusted by healthcare organizations

At LuxSci, we believe secure communications should also drive better engagement, stronger outcomes and operational efficiency. These recognitions reinforce our focus on helping healthcare providers, payers and suppliers personalize communications while protecting sensitive patient data.

Supporting the Future of Personalized Healthcare Engagement

LuxSci’s secure healthcare communication and patient engagement solutions empower organizations to safely communicate with patients and customers through:

  • HIPAA-compliant high volume email
  • Secure email marketing
  • Secure forms and data collection
  • Flexible encryption with SecureLine technology

Our solutions are designed to help healthcare organizations improve engagement, streamline workflows and personalize the healthcare journey while maintaining the highest standards of security and compliance.

These latest LuxSci G2 recognitions also build on LuxSci’s broader reputation for security, performance and customer success. Security and trust remain foundational to everything we do, alongside our commitment to delivering smart, responsive support for our customers.

Thank You to Our Customers

We’re grateful to our customers for their continued trust, collaboration and feedback. Their reviews and insights help shape our products and drive ongoing innovation across the LuxSci product set.

To learn more about LuxSci’s secure healthcare communications solutions, contact our team to schedule a secure email assessment or demo.

Connect with us today!

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Email Encryption

Is OCR Already Enforcing Email Encryption Under the New HIPAA Security Rule?

Healthcare organizations waiting for the final HIPAA Security Rule updates before improving email encryption and security may already be behind.

While the proposed changes to the HIPAA Security Rule are expected to be finalized in May, the direction from the U.S. Department of Health and Human Services Office for Civil Rights (OCR) is becoming increasingly clear. Across investigations, settlements, and enforcement actions, OCR continues emphasizing stronger technical safeguards, encryption, documented security programs, multi-factor authentication (MFA), risk analysis, and proactive cybersecurity operations.

For healthcare organizations, one area stands directly in the middle of all of these priorities: email.

Email remains a primary communication channel in healthcare — and one of the industry’s largest security vulnerabilities. From unauthorized PHI exposure to phishing attacks and ransomware delivery to account compromise, email continues to be at the center of healthcare cybersecurity incidents.

So, are the proposed HIPAA Security Rule changes hypothetical future guidance or a preview of OCR’s future enforcement expectations?

For healthcare email security, the implications are significant.

Email = Healthcare Cybersecurity Risk

Healthcare organizations rely on email for critical communications and healthcare workflows, including:

  • Patient communications
  • Care coordination
  • Claims and billing notifications
  • Marketing and engagement
  • Internal collaboration
  • Third-party vendor communications
  • Delivery of sensitive PHI

At the same time, attackers continue targeting email systems because they remain one of the easiest entry points into healthcare environments.

Insecure email workflows create unnecessary exposure of protected health information. Phishing campaigns are becoming more sophisticated. Credential theft attacks are bypassing traditional MFA methods. And business email compromise (BEC) attacks continue rising.

Recent OCR enforcement actions increasingly reflect these realities.

Organizations are being evaluated not simply on whether a breach occurred, but whether they implemented reasonable safeguards beforehand, including encryption, authentication controls, monitoring, access management, and documented risk mitigation processes.

For email systems specifically, that means healthcare organizations should expect increased scrutiny around:

  • Email encryption enforcement
  • MFA deployment
  • Audit logging and retention
  • Conditional access policies
  • Vendor security controls
  • Secure email delivery best practices
  • Segmentation and infrastructure isolation
  • Ongoing patch and vulnerability management

In many ways, email infrastructure is becoming a visible test of an organization’s overall cybersecurity posture.

Email Encryption Is Moving From Addressable to Required

Historically, healthcare organizations often interpreted HIPAA email encryption requirements with flexibility because encryption was technically categorized as an “addressable” safeguard under the Security Rule. But, OCR enforcement and broader cybersecurity realities are changing that interpretation rapidly.

Today, failing to encrypt sensitive healthcare communications increasingly creates both security and regulatory risk. The proposed Security Rule updates place even greater emphasis on encryption and technical safeguards. At the same time, OCR investigations continue examining whether organizations properly protected PHI in transit and at rest.

For healthcare email specifically, this creates several growing expectations:

  • Email encryption should be automated wherever possible
  • Human error should not determine whether PHI is protected
  • Organizations should maintain documented encryption policies
  • Secure delivery methods should adapt dynamically to recipient capabilities
  • Audit trails should demonstrate how messages were secured

At LuxSci, we have long believed that encryption should operate as a strategic layer of healthcare communications infrastructure, not as a manual user decision.

Our SecureLine email encryption technology automatically applies appropriate encryption methods based on organizational policies and delivery requirements, helping reduce the risks associated with human error while maintaining usability, deliverability and compliance. As enforcement expectations rise, this type of automated security enforcement is becoming increasingly important.

Traditional MFA May No Longer Be Enough

Another major shift emerging from both OCR enforcement trends and the proposed rule updates is the growing importance of stronger authentication models.

Healthcare organizations have historically viewed MFA deployment as sufficient protection. But attackers have adapted quickly.

MFA bypass attacks, token theft, session hijacking, and consent phishing campaigns are increasingly targeting healthcare users. As a result, regulators and cybersecurity experts are placing greater emphasis on phishing-resistant authentication approaches and contextual access controls.

For email environments, organizations should increasingly evaluate:

  • Whether MFA methods are resistant to phishing attacks
  • Conditional access policies based on device, location, and behavior
  • Account monitoring and anomaly detection
  • Administrative access protections
  • Session management controls
  • Logging and authentication auditing

The broader message is clear: healthcare organizations need authentication strategies designed for today’s threat landscape, not yesterday’s compliance checklist.

OCR Wants Proof, Not Just Policies

One of the clearest trends emerging from recent OCR activity is the increasing importance of documentation and operational evidence. Healthcare organizations must increasingly demonstrate not only that safeguards exist, but that they are consistently enforced, monitored, tested, and maintained over time.

For email systems, organizations should be prepared to demonstrate:

  • Email encryption policies
  • MFA enforcement records
  • Audit logs and message tracking
  • Vendor security documentation
  • Risk assessments involving email infrastructure
  • Patch management procedures
  • Employee security awareness training
  • Incident response procedures for email-based threats

This represents a broader shift in healthcare cybersecurity expectations.

The question is no longer: “Do you have email security controls?”

The question is increasingly: “Can you prove they are operationally effective?”

Healthcare Organizations Need a New Email Security Strategy

The healthcare industry is entering a new phase of cybersecurity enforcement.

OCR’s direction is becoming increasingly clear: organizations are expected to proactively secure systems handling PHI using modern, documented, and continuously maintained safeguards. For email security specifically, that means organizations should stop treating encryption, MFA, and secure communications as optional compliance requirements. Instead, they should view secure email infrastructure as a strategic component of enterprise cybersecurity and patient trust.

At LuxSci, we help healthcare organizations modernize secure communications with HIPAA compliant email infrastructure designed specifically for healthcare environments, including flexible encryption, secure delivery, auditability, high deliverability, access controls, and dedicated infrastructure options.

The proposed HIPAA Security Rule updates may not yet be final. But, OCR is already signaling where healthcare cybersecurity enforcement is headed next. For organizations relying on email to communicate with patients, members, customers, and partners, the time to examine your secure email infrastructure is now.

Connect with our experts to learn more using the form at the top of this page!

LuxSci HIPAA Compliant Email for Mid-Sized Healthcare Organizations

LuxSci Launches Enterprise-Grade HIPAA Compliant Email Security for Mid-Sized Healthcare Organizations

New right-sized offering brings advanced encryption, easy API integration, and HITRUST-certified compliance to the most underserved segment in healthcare email — with pricing starting at $99/month

CAMBRIDGE, MA — May 5, 2026 — LuxSci, a leading provider of HIPAA compliant secure healthcare communications, today announced the launch of LuxSci Secure High Volume Email for mid-sized healthcare organizations, the industry’s trusted HIPPA-compliant email solution now packaged and priced for mid-size healthcare organizations. Regional health systems, health plans, specialty group practices, urgent care networks, and multi-site regional providers can now access LuxSci’s enterprise-grade email security and encryption infrastructure at published, volume-based pricing — with no custom quote required.

LuxSci Secure High Volume Email for mid-sized healthcare organizations delivers the same HITRUST CSF r2-certified email security and flexible encryption capabilities that power communications for some of the largest healthcare organizations in the industry, including Athenahealth, 1-800 Contacts, Hinge Health and Eurofins. The new LuxSci mid-sized offer is tiered and priced for organizations with email sending volumes of between 300 and 99,000 emails per month.

LuxSci Secure High Volume Email is built on the company’s proprietary SecureLine™ encryption technology, which automatically selects the optimal email encryption method — TLS, secure portal fallback, PGP, or S/MIME — on a per-recipient basis at the time of delivery, with no action required from senders or recipients. This intelligent, adaptive encryption method goes significantly beyond TLS-only or portal fallback models offered by basic platforms, giving mid-market healthcare organizations the flexibility and cybersecurity depth they need as HIPAA regulations tighten and email threats continue to get more sophisticated.

Key capabilities include:

  • Automatic email encryption via SecureLine™ — encrypt every email and its content, including Protected Health Information (PHI), with per-recipient adaptive encryption across TLS, portal fallback, PGP, and S/MIME.
  • Advanced REST API with webhooks for dataflows into your systems — supports unlimited messages/hour with failover, queuing, plus webhooks can push email engagement data back to EHRs, CRMs, RCM and customer data platforms.
  • Comprehensive audit logging and reporting — message-level tracking, delivery status, engagement reporting, and downloadable reports for compliance officers.
  • HITRUST CSF r2 certification, BAA, GDPR-compliant, and US-EU Privacy Framework agreement all included.
  • Microsoft 365 and Google Workspace overlay — use LuxSci’s Secure Email Gateway add-on to integrate directly with existing M365 or Google Workspace environments, adding HIPAA-compliant encryption without migration or user retraining.
  • HIPAA-compliant patient engagement — secure outbound email campaigns with PHI-powered hyper-segmentation, automated workflows, and personalized emails for marketing campaigns, proactive patient communications, appointment reminders, care gap outreach, new plan enrollments, healthcare education, and more — with LuxSci Secure Marketing add-on.

New Published LuxSci Pricing

LuxSci Secure High Volume Emai for mid-sized healthcare organizations features published pricing based on monthly sending volume:

Monthly Send VolumeMonthly Price
300 to 9,999 emails/month $99/month
10,000 – 29,999 emails/month $199/month
30,000 – 49,999 emails/month $299/month
50,000 – 99,999 emails/month $399/month
100,000+ emails/month Custom

“Mid-size healthcare organizations have been underserved for too long, forced to choose between inadequate email security tools that weren’t built for healthcare and HIPAA compliance and enterprise level solutions that felt too big or too complex,” said Mark Leanord, CEO of LuxSci. “Our new secure email packaging for mid-sized organizations changes that. We’re making the same encryption depth, ease of integration into EHRs, CRMs and other systems, and compliance rigor that powers our largest customers accessible for mid-sized organizations to easily evaluate and buy.”

Timing and Market Context

The launch comes at a critical moment for mid-size healthcare organizations. The HHS HIPAA Security Rule overhaul, expected to finalize in mid-2026, is anticipated to mandate email encryption as a required safeguard, elevating email security from addressable best practice to a regulatory requirement for thousands of organizations that have not yet upgraded their email security and compliance posture. LuxSci secure email is designed to meet these requirements, backed by HITRUST CSF r2 certification and the company’s 20-year track record in secure healthcare communications.

Availability

LuxSci Secure Email for mid-sized healthcare organizations is available immediately. Pricing and product details are published here.

Users can contact LuxSci to set up a call or DEMO.

About LuxSci

LuxSci is a leading provider of secure healthcare communications solutions for the healthcare industry. The company offers secure email, marketing, forms and hosting, delivering HIPAA‑compliant communication solutions that enable organizations to safely manage and transmit sensitive data, including protected health information (PHI). Founded in 1999 and recently merged with digital care and telehealth provider Ovia Health, LuxSci serves more than 2,000 customers across healthcare verticals, including providers, payers, suppliers, and healthcare retail, home care providers, and healthcare systems, as well as organizations operating in other highly regulated industries. LuxSci is HITRUST‑certified with current customers including Athenahealth, 1800 Contacts, Lucerna Health, Eurofins, and Rotech Healthcare, among others.

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Media Contact:
Pete Wermter, CMO

pwermter@luxsci.com

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HIPAA email regulations consist of Privacy Rule requirements for PHI disclosure authorization, Security Rule mandates for electronic information protection, and Breach Notification Rule obligations for incident reporting. These regulations require healthcare organizations to implement administrative policies, security protections, and documentation procedures when using email systems that transmit, store, or access protected health information.Healthcare organizations must navigate multiple layers of federal regulations that govern email usage while maintaining operational efficiency. Understanding how these regulations interact helps organizations develop compliant email practices that support patient care without creating unnecessary administrative burden.

Privacy Rule & HIPAA Email Regulations

Individual rights provisions grant patients control over how their health information is used and disclosed through email communications. Patients can request restrictions on email usage, access copies of their information, and receive notifications about how their PHI is shared electronically. Authorization requirements define when healthcare organizations must obtain written patient consent before using PHI in email communications. Marketing emails, research activities, and certain care coordination communications require explicit patient authorization before transmission. Minimum necessary limitations require healthcare organizations to limit email disclosures to only the PHI needed for the intended purpose. Complete medical records should not be emailed unless the entire record is necessary for the specific communication purpose.

Security Rule Obligations for Electronic Systems

Administrative requirements mandate that healthcare organizations establish email policies, designate security officers, and train workforce members on proper PHI handling procedures. These requirements apply to all email systems that access, transmit, or store electronic PHI. Physical protections must secure email infrastructure including servers, workstations, and mobile devices used to access patient information. Healthcare organizations must control facility access, protect equipment from unauthorized use, and properly dispose of devices containing PHI. Information protections govern how healthcare organizations control access to email systems, verify user identity, and monitor PHI usage. These protections include authentication systems, access controls, and audit capabilities that track email activities involving patient information.

Breach Notification Requirements for HIPAA Email Incidents

Breach definition criteria help healthcare organizations determine when email incidents involving PHI must be reported to patients, regulators, and potentially the media. Not all unauthorized PHI disclosures constitute breaches under HIPAA email regulations. Assessment procedures require healthcare organizations to evaluate email incidents within 60 days to determine whether they meet breach criteria. These assessments must consider factors like the nature of the PHI involved, who received it, and whether it was actually accessed or acquired. Notification timelines specify when healthcare organizations must inform affected patients about email breaches involving their PHI. Patient notifications must be provided within 60 days of breach discovery, while regulatory notifications have different timeframes.

Enforcement Mechanisms and Penalty Structure

Office for Civil Rights oversight includes authority to investigate complaints about healthcare organization email practices and conduct compliance audits. OCR can review email policies, system configurations, and incident response procedures during investigations. Penalty calculations consider factors like the nature of the violation, organization size, and previous compliance history when determining monetary sanctions for email-related HIPAA violations. Penalties can range from thousands to millions of dollars depending on violation severity. Corrective action requirements may mandate specific changes to email policies, staff training programs, or system configurations to address identified compliance deficiencies. These requirements often include monitoring and reporting obligations.

State Law Interactions with Federal Requirements

Preemption analysis helps healthcare organizations understand when state privacy laws provide stronger protections than HIPAA regulations for email communications. Organizations must comply with whichever law provides greater patient privacy protections. Conflicting requirements between state and federal regulations require careful legal analysis to ensure compliance with both sets of obligations. Healthcare organizations may need to implement the most restrictive requirements when laws conflict.

Professional licensing implications may arise when healthcare providers violate email regulations that also constitute professional misconduct under state licensing board rules. These violations can result in both regulatory penalties and professional discipline.

Business Associate Regulatory Obligations

Contractual requirements mandate specific provisions in business associate agreements with email service providers including security protections, breach notification procedures, and audit rights. These contracts must address how vendors will comply with HIPAA email regulations.Liability allocation between healthcare organizations and business associates depends on the specific nature of email services provided and which party controls different aspects of PHI protection. Contracts should clearly define responsibility for various compliance obligations.Vendor oversight obligations require healthcare organizations to monitor business associate compliance with HIPAA email regulations through audits, security assessments, and incident reporting. Organizations cannot rely on contracts without ongoing verification of vendor performance.

Recent HIPAA Email Regulations Guidance

Enforcement trends show increased scrutiny of email security practices and patient authorization procedures. Recent cases demonstrate that OCR is focusing more attention on organizations that fail to implement adequate email protections for PHI. Guidance updates from HHS provide clarification about how HIPAA email regulations apply to new email technologies and usage patterns. Healthcare organizations should monitor these updates to ensure their practices remain compliant with current regulatory expectations. Best practice recommendations from industry organizations and regulatory agencies help healthcare organizations implement email regulations effectively while maintaining operational efficiency. These recommendations provide practical implementation guidance beyond basic regulatory requirements.

HIPAA Marketing Compliance

What are the 5 Stages of Patient Engagement Framework?

The patient engagement framework consists of five progressive stages: inform, consult, involve, collaborate, and empower. This approach helps healthcare organizations build stronger relationships with patients while improving health outcomes. The framework guides providers in developing communication strategies, technological tools, and care processes that move patients from passive recipients of care to active partners in their health management.

Patient Engagement Framework Foundations

The patient engagement framework builds upon healthcare’s evolution toward more patient-centered care models. This structured approach acknowledges that patients have varying levels of activation and readiness to participate in their healthcare decisions. The framework helps organizations assess their current engagement practices and develop strategies for improvement. Healthcare providers use these stages to map communication approaches and technology implementations that support increasing patient participation. Each stage of the patient engagement framework requires different tools, processes, and organizational capabilities. Understanding these elements helps healthcare organizations develop realistic roadmaps for advancing their engagement efforts.

Stage One: Inform

The first stage of the patient engagement framework focuses on providing patients with clear, accessible health information. At this level, communication flows primarily from provider to patient through educational materials, discharge instructions, and basic health literacy resources. Organizations develop content in multiple formats and languages to accommodate diverse patient populations. Digital patient portals typically begin at this stage with features like lab result viewing and appointment scheduling. Healthcare teams establish consistent messaging across departments to avoid confusing or contradicting information. While this stage is the beginning of the patient engagement framework, many organizations struggle to advance past informing patients about their conditions and treatments.

Stage Two: Consult

The consultation stage of the patient engagement framework opens two-way communication channels between providers and patients. Healthcare teams seek patient input about symptoms, preferences, and treatment experiences through surveys, feedback forms, and structured conversations. Providers begin recognizing patients as valuable sources of information about their own health situations. Digital tools expand to include secure messaging and symptom reporting capabilities. Care teams develop protocols for responding to patient communications within appropriate timeframes. The consultation phase of the patient engagement framework begins establishing the base for more collaborative relationships while still maintaining traditional healthcare hierarchies. Organizations generally measure success at this stage through patient satisfaction metrics and communication response rates.

Stage Three: Involve

The third stage of the patient engagement framework actively involves patients in treatment planning and health monitoring. Patients participate in goal-setting discussions and receive tools for tracking health metrics between appointments. Healthcare teams incorporate patient preferences and priorities when developing care plans. Technology platforms introduce self-management tools and educational resources tailored to individual health conditions. Care protocols expand to include regular check-ins and progress evaluations beyond scheduled appointments. The involvement stage of the patient engagement framework marks a significant shift toward recognizing patients as active participants rather than passive recipients.

Stage Four: Collaborate

Collaboration represents the fourth stage in the patient engagement framework, where patients function as true partners in their care team. Health professionals and patients make treatment decisions jointly, weighing clinical evidence alongside patient goals and preferences. Healthcare systems establish patient advisory councils to inform organizational policies and program development. Technology platforms integrate patient-generated health data with clinical systems to create comprehensive health pictures. Team-based care models include patients in case conferences and care planning sessions. The collaborative stage of the patient engagement framework requires organizational culture changes that value patient perspectives alongside clinical expertise. Healthcare systems reaching this stage often demonstrate better care coordination and reduced unnecessary utilization.

Stage Five: Empower

The final stage of the patient engagement framework focuses on empowering patients to manage their health independently when appropriate. Patients receive comprehensive tools and knowledge to make informed healthcare decisions aligned with their personal values. Organizations support patient autonomy while maintaining appropriate clinical oversight for complex conditions. Technology platforms provide personalized insights and recommendations based on individual health patterns. Care teams function as coaches and consultants rather than directing all aspects of patient care. The empowerment phase of the patient engagement framework acknowledges patients as the primary drivers of their health management with healthcare providers serving supportive roles.

Implementing the Patient Engagement Framework

Healthcare organizations implement the patient engagement framework through gradual, strategic changes to clinical processes, technology systems, and organizational culture. Leadership commitment proves essential for allocating necessary resources and championing patient-centered approaches. Staff training addresses both technical skills and communication methods appropriate for each engagement stage. Technology selection focuses on tools that can evolve alongside advancing engagement capabilities. Progress measurement includes both process indicators and outcome metrics tied to each framework stage. Organizations typically find that different service lines and patient populations may operate at different engagement levels simultaneously, requiring flexible implementation approaches. The patient engagement framework provides a roadmap while allowing organizations to adapt implementation to their unique circumstances and patient populations.

What is the HIPAA Security Rule?

What is the HIPAA Security Rule? Understanding Its Impact and Upcoming Changes for ePHI

The HIPAA Security Rule is a critical part of The Health Insurance Portability and Accountability Act (HIPAA): legislation specifically designed to establish national security standards to protect the electronic protected health information (ePHI) held by healthcare organizations. Compliance with the HIPAA Security Rule is essential for safeguarding sensitive patient data against security breaches, cyber threats and even physical damage. 

However, as cyber threats grow in both variety and, more alarmingly, sophistication and technological advancements, the Office for Civil Rights (OCR), which enforces the Security Rule, has proposed updates to further strengthen the data security and risk management postures of healthcare organizations. 

In light of these upcoming changes to the HIPAA Security Rule and their importance to healthcare organizations, this post details the existing HIPAA Security Rule and what it entails. From there, we’ll look at the proposed modifications to the HIPAA Security Rule, helping you to understand how it will affect your organization going forward and, subsequently, how to best prepare for potential changes coming later this year to remain compliant.

What is the HIPAA Security Rule?

Added to HIPAA in 2003, the Security Rule introduced a series of mandatory safeguards to protect the increasing amount of digital data, i.e., ePHI, and the increasing prevalence of electronic health record (EHR) systems, customer data platforms (CDPs) and revenue cycle management (RCM) platforms. 

The HIPAA Security Rule centers around three fundamental categories of safeguards:

  1. Administrative Safeguards
    • Risk modeling: frequent risk assessments to identify, categorize, and manage security risks.
    • Workforce security policies: including role-based access controls.
    • Contingency planning for emergency access to ePHI:  i.e., disaster recovery and business continuity planning.
  2. Technical Safeguards
    • Access controls: implementing controls to restrict access to ePHI, e.g., Zero Trust, user authentication, and automatic timeouts. 
    • Audit controls: to track access to sensitive patient data.
    • Encryption protocols: to protect ePHI end-to-end, in transit and at rest.
  3. Physical Safeguards
    • Onsite security measures: to prevent unauthorized physical access, e.g., locks, keycards, etc.
    • Surveillance equipment: cameras and alarms, for example, to signal unauthorized access. 
    • Secure disposal of redundant hardware: devices containing ePHI must be properly disposed of by companies that specialize in data destruction. 

The HIPAA Security Rule: The Dangers of Non-Compliance

Consequently, should a healthcare company fail to comply with the safeguards outlined in the HIPAA Security Rule, it can result in severe consequences, including:

  • Civil penalties: up to $2.1 million per violation; repeat offenses can result in multi-million dollar settlements.
  • State-Level HIPAA Fines: in addition to federal HIPAA penalties, states, such as California and New York, can impose fines for compliance violations under the Health Information Technology for Economic and Clinical Health (HITECH) Act
  • Criminal charges: for willful neglect, unauthorized collection of ePHI, and, the malicious use of patient data (including its sale). This can result in up to 10 years in prison. 
  • Reputational damage: demonstrating an inability to secure ePHI results in a loss of patient trust, making them less inclined to purchase your services or products. More alarmingly, cybercriminals will also become aware that your company’s IT infrastructure is vulnerable, which could invite more attempts to infiltrate your network and steal ePHI.  

Proposed Updates to the HIPAA Security Rule

Now that we’ve discussed the present HIPAA Security Rule, and the consequences for failing to implement its required threat mitigation measures, let’s turn our attention to the proposed changes to the Security Rule, which were announced by the U.S. Department of Health and Human Services (HHS) in December, 2024, and how they will affect healthcare organizations. 

Mandatory Encryption for All ePHI Transmission

The proposed updates require end-to-end encryption for emails, messages, and data transfers involving ePHI, making all implementation specifications required with specific, limited exceptions. This means that patient data must be encrypted in transit, i.e., from one place to another (when collected in a secure form, sent in an email, etc.), and in storage, i.e., where it will reside. 

To accommodate these changes, many healthcare organizations will need to upgrade to HIPAA-compliant email solutions, for their outreach requirements, as well as encrypted databases to store the ePHI in their care.

Expanded MFA Requirements

Healthcare providers must implement Multi-Factor Authentication (MFA) for all personnel with access to ePHI. MFA moves beyond usernames and passwords, requiring users to prove their identity in more than one way. 

This could include:

  • One-time passwords (OTPs) via email, an app, or a physical security dongle (e.g., an RSA token)
  • Access cards or Fobbs
  • Biometric identification, such as retina scans, fingerprints, or voice recognition. 

This proposed rule change addresses increasing risks from phishing and other credential-based attacks, in which malicious actors acquire employee login details to access ePHI.

Stronger Risk Management and Third-Party Security Controls

Healthcare organizations must conduct more frequent risk assessments to identify, categorize, and mitigate threats to ePHI. A considerable part of this is implementing stricter security controls for business associates who have access to the healthcare company’s ePHI. 

A business associate could be a software vendor with which an organization processes patient data, or it could be a supplier or partner that requires access to ePHI to fulfill its operational duties. In light of this, one of the proposed changes to the HIPAA security rule is that vendor security audits will become more mandatory rather than optional.

New Incident Response (IR) and Breach Reporting Rules

The new rule changes emphasize stricter breach notification timelines for healthcare entities and the business associates that handle ePHI on their behalf. This means that healthcare companies are obligated to inform affected parties of a data breach as soon as possible. 

For healthcare companies, this means devising, or strengthening, continuous monitoring protocols, so their security teams become aware of suspicious activity as as soon as possible and can accurately communicate their containment efforts and take the neccessary actions to mitigate damages. 

Preparing For The Changes to the HIPAA Security Rule: Next Steps for Healthcare Organizations 

As the proposed changes to the HIPAA Security Rule move forward, and are likely to go into effect by the end of this year, healthcare organizations can prepare by:

Conducting frequent risk assessments to pinpoint vulnerabilities to the ePHI in IT ecosystems. This should be done annually, at least – or when changes are made to IT infrastructure that may affect ePHI.

Evaluating existing email and communication platforms to ensure compliance with encryption and authentication requirements, especially under the newly proposed security rule and its requirements.

Hardening your organization’s cybersecurity posture by considering the implementation of network segmentation, zero-trust security principles, and data loss protection (DLP) protocols.

Strengthening vendor risk management to ensure third-party service providers meet HIPAA compliance standards and that you have a Business Associate Agreement in place. 

How the Proposed Changes to the HIPAA Security Rule Affect Healthcare Communications and Email Security

One of the most significant implications of the proposed changes to the Security Rule is the heightened focus on secure email communications involving ePHI. Key takeaways for secure healthcare email include:

  • Encryption is now essential: healthcare organizations relying on unencrypted email delivery platforms to communicate with patients will need to switch to secure, HIPAA-compliant email solutions with the appropriate encryption capabilities. 
  • Email providers must meet stronger compliance standards: if your current email service provider doesn’t support automatic encryption, for instance, it may be non-compliant under the new rule.
  • Stronger authentication for email access: healthcare professionals sending or receiving ePHI via email must implement MFA and similar, robust access control protocols.

With email communication being a key part of patient outreach and engagement, it’s vital for healthcare companies to identify and address security gaps in their IT infrastructure, and prepare for the coming changes to the HIPAA security rule.   

Changes to the HIPAA Security Rule: Final Thoughts

The HIPAA Security Rule remains the foundation for protecting ePHI within healthcare organizations. The proposed updates to the Security Rule reflect the growing need for stronger cybersecurity controls in healthcare. The stark reality is that patient data is, and always will be, sensitive and, as such, will always be a valuable target for cybercriminals. 

In light of the persistent and growing threat to ePHI, healthcare organizations that fail to proactively address the requirements brought forth by the proposed changes to the HIPAA Security Rule risk data breaches, financial penalties and other punitive action. 

If you have questions about HIPAA compliant secure email, encryption, or how the coming changes to the Security Rule will impact your healthcare communications, contact LuxSci today for expert guidance.

HIPAA marketing questions

HIPAA-Compliant Email Marketing: FAQ

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

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

Do generic practice newsletters need to be protected?

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

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

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

How Do I Find a HIPAA Compliant Email Marketing Vendor?

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

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

email marketing vendor comparison

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

What is an Email API?

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

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

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

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

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

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

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

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

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

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

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

TLS versus Portal Pickup email encryption

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

What are common email marketing use cases for healthcare?

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

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

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

Conclusion

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