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

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LuxSci Awarded 20 Badges in the G2 Summer 2026 Reports

May 28, 2026
Pete Wermter

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!

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

May 12, 2026
Pete Wermter

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

May 5, 2026
Pete Wermter

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 Volume	Monthly 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

Patient Engagement ROI: The Business Case for Secure Email in Healthcare

April 28, 2026
Pete Wermter

Every IT investment in healthcare today is being evaluated through a sharper lens.

Budgets are tighter. Expectations are higher. AI is the shiny object. Across healthcare organizations, leadership is asking the same question: how does this investment drive measurable results?

That’s where Patient Engagement ROI comes in, and where many traditional approaches fall short.

The Hidden Cost of Ineffective Communication

Patient engagement isn’t just a healthcare priority. It’s a financial one.

Missed appointments, gaps in care, and low response rates all translate directly into increased costs, operational inefficiencies, and a poor patient experience. Yet many organizations still rely on fragmented, manual, or non-personalized communication strategies.

Why?

For many, it’s because of uncertainty around HIPAA compliance, and what’s allowed and not allowed. Too often, healthcare IT and marketing teams avoid using valuable patient data to avoid security and compliance risks, especially over the email channel. The result is often generic outreach that fails to connect, and fails to deliver meaningful results, such as better health outcomes, fewer missed appointments, and increased sales.

How Secure Email Delivers ROI in Healthcare

Among all healthcare IT investments, secure email stands out for one reason: it directly impacts both patient engagement and staff and process efficiency.

With the right HIPAA-compliant marketing automation platform, secure email enables organizations to:

Deliver personalized, relevant messages using PHI data in their emails
Automate outreach at scale with triggered, engagement-driven campaigns
Improve patient response rates and adherence for better outcomes
Reduce manual workload across teams for greater productivity

This is where patient engagement ROI becomes tangible.

Instead of one-size-fits-all messaging, organizations can connect with patients based on unique needs and health conditions, such as appointments, care plans, preventative care reminders, new product needs, and more. And because it’s automated, these improvements scale without adding to workloads.

Turning Compliance into Better Outcomes and Growth

HIPAA is often viewed as a constraint. In reality, it’s an opportunity. If you have the right tools.

At LuxSci, we focus exclusively on secure healthcare communications, helping organizations safely unlock the value of their data and communications. Our solutions are designed to remove the friction between compliance and communication, so you don’t have to choose between security and growth.

With capabilities like flexible encryption, advanced segmentation, and high-volume delivery, secure email marketing becomes more than a safeguard, it becomes a growth driver.

And with industry-leading security performance and recognition, organizations can trust that their communications are protected at every level with LuxSci.

Scaling Patient Engagement ROI with Automation

The real power of secure email comes when it’s combined with automated healthcare workflows.

HIPAA compliant marketing automation allows you to build multi-step, data-driven patient journeys that run continuously in the background, taking adaptive steps based on each individual’s email engagement activity. This can include:

Appointment reminders that reduce no-shows
Follow-up communications that improve outcomes
Preventative care outreach for check-ups, annual test and care reminders
New product offers, upgrades and promotions
Educational email campaigns that drive long-term engagement and better health

Each interaction is an opportunity to improve both patient experience and your financial performance. Over time, these incremental gains compound, resulting in significantly higher patient engagement that delivers real value to your business.

Why Act Now?

Healthcare organizations can no longer afford IT investments that don’t deliver clear, measurable value. Secure email, powered by HIPAA compliant marketing automation, offers one of the most direct paths to improving engagement, efficiency, and outcomes, all while maintaining the highest standards of security.

Ready to see how LuxSci secure email can transform your patient engagement into real ROI?

Connect with us today or book a demo to explore how HITRUST-certified, HIPAA-compliant marketing automation can work for your organization.

What Are HIPAA Email Laws?

June 5, 2025
Erik Kangas

HIPAA email laws are federal privacy and security regulations that govern how healthcare organizations handle Protected Health Information (PHI) in electronic communications. The HIPAA Privacy Rule and Security Rule establish requirements for protecting patient information when transmitted via email, including encryption standards, access controls, and audit procedures. Healthcare organizations must implement appropriate safeguards to prevent unauthorized disclosure of patient information through email communications while maintaining compliance with federal regulations. Email communication in healthcare requires careful attention to privacy laws that protect patient confidentiality. Understanding HIPAA email laws helps healthcare organizations communicate effectively while avoiding violations and penalties.

How Do HIPAA Email Laws Protect Patient Information?

Patient information receives protection through strict limitations on email usage and disclosure requirements under federal privacy regulations. Healthcare organizations cannot freely share patient data via email without implementing security measures that prevent unauthorized access or interception. HIPAA email laws require covered entities to assess risks associated with email communications and implement safeguards appropriate to their operational environment. Encryption requirements form a cornerstone of email protection under HIPAA regulations, though the Security Rule treats encryption as an addressable specification rather than a mandatory requirement. Organizations must evaluate whether encryption is reasonable and appropriate for their email communications containing patient information.

Most healthcare organizations implement email encryption to protect against data breaches and demonstrate compliance with federal security standards. Access control provisions limit who can send, receive, or access emails containing patient information within healthcare organizations. Staff members need unique user credentials and role-based permissions that restrict email access to information necessary for their job functions. Automatic logoff features prevent unauthorized access when devices are left unattended. Audit requirements mandate that healthcare organizations monitor and log email system activity to track potential security incidents or privacy violations. HIPAA email laws require documentation of who accessed patient information, when access occurred, and what actions were performed. Organizations must maintain these audit logs and review them for suspicious activity or compliance gaps.

What Email Practices Violate HIPAA Laws?

Sending unencrypted emails containing patient information to external recipients violates HIPAA security standards in most circumstances. Healthcare organizations cannot email lab results, treatment summaries, or other PHI to patients using standard email without encryption protection. External communications require additional security measures to prevent unauthorized interception during transmission. Using personal email accounts for work-related patient communications creates multiple compliance violations under HIPAA regulations. Healthcare workers cannot forward patient information to personal Gmail, Yahoo, or other consumer email accounts that lack appropriate security controls. Personal email usage also creates challenges for audit logging and organizational oversight of patient information handling.

Sharing patient information with unauthorized recipients through email represents a serious privacy violation that can result in substantial penalties. Staff members cannot email patient details to family members, colleagues outside the care team, or external parties without proper authorization. Accidental disclosure through incorrect email addresses or reply-all mistakes can also constitute HIPAA violations. Inadequate access controls that allow broad email system access violate HIPAA requirements for limiting PHI exposure to minimum necessary levels. Organizations cannot provide all staff members with access to patient email communications regardless of their job responsibilities. Role-based restrictions must limit email access to information required for specific work functions.

How Can Healthcare Organizations Comply With HIPAA Email Laws?

Risk assessment procedures help healthcare organizations evaluate their email systems and identify compliance gaps that need attention. Organizations examine current email practices, security controls, and staff training to determine where improvements are needed. The assessment process guides development of policies and procedures that address specific risks identified within the organization’s email environment. Staff education programs ensure that healthcare workers understand their responsibilities under HIPAA email laws and know how to handle patient information appropriately. Training covers email security best practices, encryption requirements, and procedures for reporting potential violations.

Healthcare organizations need ongoing education to keep staff current with evolving regulations and technology changes. Technology implementation supports compliance through automated security features that protect patient information without requiring constant user intervention. Healthcare organizations can deploy email encryption systems, data loss prevention tools, and access management platforms that enforce HIPAA email laws. Automated systems reduce reliance on staff compliance and provide consistent protection for patient communications. Policy enforcement mechanisms ensure that HIPAA email laws are followed consistently across healthcare organizations. Clear policies define acceptable email practices, specify security requirements, and outline consequences for violations. Organizations need monitoring procedures to verify policy compliance and corrective action processes to address violations when they occur.

What Are The Requirements For HIPAA Emailing Medical Records?

April 10, 2025
Erik Kangas

HIPAA emailing medical records mandate that healthcare organizations implement encryption, access controls, and audit protections when transmitting protected health information electronically. Organizations must obtain patient authorization for medical record disclosures, ensure secure transmission methods, and maintain detailed logs of all email activities involving PHI to comply with Privacy and Security Rule obligations. Medical record transmission via email has become routine in healthcare operations, yet many organizations struggle with balancing convenience and compliance requirements. Understanding specific HIPAA obligations for email communications helps healthcare providers avoid costly violations while maintaining efficient patient care workflows.

Patient Authorization and Disclosure Requirements

Patient access rights under HIPAA allow individuals to request copies of their medical records in electronic format, including email delivery when requested. Healthcare organizations must honor these requests within 30 days and cannot require patients to provide justification for their preferred delivery method. Third-party disclosures require explicit patient authorization before medical records can be emailed to family members, attorneys, or other healthcare providers. These authorizations must specify what records will be shared, with whom, and for what purpose to ensure HIPAA compliance with privacy standards. Minimum necessary standards apply to HIPAA emailing medical records, requiring healthcare organizations to limit disclosures to only the information needed for the intended purpose. Complete medical records should only be shared when specifically authorized or when the entire record is necessary for the disclosed purpose.

Encryption Standards and Message Security

End-to-end encryption provides the strongest protection for medical records transmitted via email by ensuring that only authorized recipients can access patient information. This encryption method protects data throughout the entire transmission process, including temporary storage on email servers. Transport layer security protects medical records during transmission between email servers but may not encrypt messages while stored on recipient systems. Healthcare organizations should verify that this level of protection meets their risk tolerance and patient expectations for privacy. Secure portal delivery offers an alternative to direct email transmission by providing encrypted storage where patients or authorized recipients can access medical records through password-protected websites. This method maintains organization control over access and provides detailed audit trails.

Identity Verification and Recipient Authentication

Patient identity confirmation helps ensure that HIPAA emailing medical records reach intended recipients and prevents unauthorized disclosure to wrong email addresses. Healthcare organizations should implement verification procedures that confirm patient identity before emailing sensitive medical information. Recipient authentication systems verify that authorized individuals access emailed medical records rather than unintended recipients who might gain access through shared email accounts or compromised systems. Multi-factor authentication provides additional security layers for sensitive record access. Email address validation helps prevent medical record disclosure to incorrect recipients due to typographical errors or outdated contact information. Healthcare organizations should confirm email addresses with patients before transmitting medical records electronically.

Record Integrity and Transmission Controls

Digital signatures help ensure that medical records remain unchanged during email transmission and provide verification that documents originated from legitimate healthcare sources. These signatures help recipients confirm record authenticity and detect any unauthorized modifications. File format standards help ensure that emailed medical records can be accessed by recipients while maintaining security protections. PDF formats with password protection offer good compatibility while providing basic security controls for medical record transmission. Attachment size limitations may require healthcare organizations to split large medical records across multiple email messages or use alternative delivery methods. These constraints must be managed while maintaining record completeness and patient access rights.

Audit Trail and Documentation Obligations

Transmission logs must capture detailed information about medical record email activities including sender identity, recipient addresses, transmission timestamps, and record types shared. These logs support compliance monitoring and provide documentation for potential breach investigations. Access tracking helps healthcare organizations monitor who views emailed medical records and when access occurs. This information supports audit requirements and helps identify potential unauthorized access to patient information shared via email. Retention policies for email logs and transmitted medical records must align with state and federal requirements while supporting potential legal discovery and compliance audit needs. Healthcare organizations should establish clear schedules for maintaining and disposing of HIPAA emailing medical records transmission records.

Managing Failed Deliveries and Bounced Messages

Error handling procedures must protect medical record information when email transmissions fail or bounce back to senders. Healthcare organizations need policies for managing failed deliveries that prevent PHI exposure through error messages or automated responses. Alternative delivery methods should be available when email transmission fails to ensure that patients receive requested medical records within required timeframes. These backup procedures might include secure portals, encrypted file transfer, or physical mail delivery options. Notification protocols help healthcare organizations inform patients when medical record email deliveries fail while maintaining confidentiality about record contents. These communications should provide alternative access methods without revealing specific medical information in potentially unsecured messages.

Staff Training and Policy Implementation

Email usage policies must provide clear guidance for healthcare personnel about when and how to issue HIPAA emailing medical records while maintaining HIPAA compliance. These policies should address authorization requirements, encryption standards, and procedures for handling transmission errors. User training programs should cover both the mechanics of secure email transmission and the regulatory requirements for medical record disclosure. Staff need to understand patient rights, authorization procedures, and security measures required for different types of record sharing. Compliance monitoring helps healthcare organizations identify policy violations and training needs related to medical record email transmission.

Is the Email Encrypted? How to Tell if an Email is Transmitted Using TLS

January 9, 2024
LuxSci

SMTP TLS encryption is popular because it provides adequate data protection without creating a complicated user experience for email recipients. Sometimes, though, the experience is too seamless, and recipients may wonder if the message was protected at all.

Luckily, there is a way to tell if an email was encrypted using TLS. To see if a message was sent securely, we can look at the raw headers of the email. However, it requires some knowledge and experience to understand the text. It is actually easier to tell if a recipient’s server supports TLS than to tell if a particular message was securely transmitted.

To analyze a message for transmission security, we will look at an example email message sent from Hotmail to LuxSci. We will explain what to look for when decoding the message headers and how to tell if the email was transmitted using TLS encryption.

An Example Email Message

First, we must understand how an email message typically travels through several machines on its way from the sender to the recipient. Roughly speaking:

The sender’s computer talks to the sender’s email or WebMail server to upload the message.
The sender’s email or WebMail server then talks to the recipient’s inbound email server and transmits the message to them.
Finally, the recipient downloads the message from their email server.

It is step 2 that people are most concerned about when trying to understand if their email message is transmitted securely. They usually assume or check that everything is secure and OK at the two ends. Indeed, most users who need to can take steps to ensure that they are using SSL-enabled WebMail or POP/IMAP/SMTP/Exchange services so that steps 1 and 3 are secure. The intermediate step, where the email is transmitted between two different providers, is where messages may be sent insecurely.

To determine if the message was transmitted securely between the sender’s and recipient’s servers (over TLS), we need to extract the “Received” header lines from the received email message. If you look at the source of the email message, the lines at the top start with “Received.” Let’s look at an example message from a Hotmail user below. The email addresses, IPs, and other information are obviously fake.

LuxSci:

The Outlook email was sent to a LuxSci user. The Received headers appear in reverse chronological order, starting with the server that touched the message last. Therefore, in this example, we see the LuxSci servers first.

Received: from abc.luxsci.com ([1.1.1.1])
	by def.luxsci.com (8.14.4/8.13.8) with ESMTP id r7JEfLgH003867
	(version=TLSv1/SSLv3 cipher=DHE-RSA-AES256-SHA bits=256 verify=NOT)
	for <user-xyz@def.luxsci.com>; Mon, 19 Aug 2019 10:41:21 -0400
Received: from abc.luxsci.com (localhost.localdomain [127.0.0.1])
	by abc.luxsci.com (8.14.4/8.13.8) with ESMTP id r7JEfK0Z030182
	for <user-xyz@def.luxsci.com>; Mon, 19 Aug 2019 09:41:20 -0500
Received: (from mail@localhost)
	by abc.luxsci.com (8.14.4/8.13.8/Submit) id r7JEfKXD030178
	for user-xyz@def.luxsci.com; Mon, 19 Aug 2019 09:41:20 -0500

Received: from dispatch1-us1.ppe-hosted.com (dispatch1-us1.ppe-hosted.com [2.2.2.2])
	by abc.luxsci.com (8.14.4/8.13.8) with ESMTP id r7JEfIkK030002
	(version=TLSv1/SSLv3 cipher=DHE-RSA-AES256-SHA bits=256 verify=NOT)
	for <someone@luxsci.net>; Mon, 19 Aug 2019 09:41:19 -0500

Proofpoint:

LuxSci uses an email filtering service, Proofpoint. Messages reach Proofpoint’s servers before being delivered to LuxSci. Here’s what their servers report about the email transmission:

Received: from unknown [65.54.190.216] (EHLO bay0-omc4-s14.bay0.hotmail.com)
	by dispatch1-us1.ppe-hosted.com.ppe-hosted.com
        (envelope-from <someone@hotmail.com>);
	Mon, 19 Aug 2019 08:41:18 -0600 (MDT)

Outlook:

And finally, here’s what we see from Oultook’s server.

Received: from BAY403-EAS373 ([65.54.190.199]) by bay0-omc4-s14.bay0.outlook.com
       with Microsoft SMTPSVC(6.0.3790.4675); 
       Mon, 19 Aug 2019 07:41:19 -0700

How to Use Received Message Headers to Tell if the Email is Encrypted

The message headers contain information that can help us determine if an email is encrypted. Here are a few helpful notes to help you decode the text:

We said this above, but the message headers appear in reverse chronological order. The first one listed shows the last server that touched the message; the last one is the first server that touched it (typically the sending server).
Each Received line documents what a server did and when.
There are three sets of servers involved in this example: one machine at Hotmail, one machine at Proofpoint, where our Premium Email Filtering takes place, and some machines at LuxSci, where final acceptance of the message and subsequent delivery happened.

Presumably, the processing of email within each provider is secure. The place to be concerned about is the hand-offs between Hotmail and Proofpoint and between Proofpoint and LuxSci, as these are the big hops across the internet between providers.

In the line where LuxSci accepts the message from Proofpoint, we see:

(version=TLSv1/SSLv3 cipher=DHE-RSA-AES256-SHA bits=256 verify=NOT)

This section, typical of most email servers running “sendmail” with TLS support, indicates that the message was encrypted during transport with TLS using 256-bit AES encryption. (“Verify=not” means that LuxSci did not ask Proofpoint for a second SSL client certificate to verify itself, as that is not usually needed or required for SMTP TLS to work correctly). Also, “TLSv1/SSLv3” is a tag that means that “Some version of SSL or TLS was used;” it does not mean that it was SSL v3 or TLS v1.0. It could have been TLS v1.2 or TLS v1.3.

So, the hop between Proofpoint and LuxSci was locked down and secure. What about the hop between Hotmail and Proofpoint? The Proofpoint server’s Received line makes no note of security at all! This means that the email message was probably not encrypted during this step.

Hotmail either did not support opportunistic TLS encryption for outbound emails, or Proofpoint did not support receipt of messages over TLS, and thus, TLS could not be used. With additional context, you can know which server supports TLS and which does not.

In this case, we know that Proofpoint supports inbound TLS encryption. In fact, from another example message where LuxSci sent a message to Proofpoint, we see the Received line:

Received: from unknown [44.44.44.44] (EHLO wgh.luxsci.com)
	by dispatch1-us1.ppe-hosted.com.ppe-hosted.com
        (using TLSv1.2 with cipher ECDHE-RSA-AES256-GCM-SHA384 (256/256 bits))
	with ESMTP id b-022.p01c11m003.ppe-hosted.com
        (envelope-from <from@domain.com>);
	Mon, 02 Feb 2009 19:28:27 -0700 (MST)

The red text makes it clear that the message was indeed encrypted. Based on the additional context, we can deduce that the Hotmail sending server did not securely transmit the email using TLS.

How To Tell if an Email is Encrypted With TLS

When analyzing your message headers, consider the following items to determine if the email is encrypted:
1. The receiving server will log what kind of encryption, if any, was used in receiving the message in the headers.
2. Different email servers use different formats and syntax to display the encryption used. Look for keywords like “SSL,” “TLS,” and “Encryption,” which will signify this information.
3. Not all servers will record the use of encryption. While LuxSci has always logged encryption use, not every email service provider does. It is possible to use TLS encryption and not log it. Sometimes, there is no way to tell from the headers if a message is encrypted if it is not logged.
4. Messages passed between servers at the same provider do not necessarily need TLS encryption to be secure. For example, LuxSci has back-channel private network connections between many servers so that information can be securely passed between them without SMTP TLS. So, the lack of TLS usage between two servers does not mean the transmission between them was “insecure.” You may also see multiple received lines listing the same server: the server passes the message between different processes within itself. This communication also does not need to be TLS encrypted.
5. If you are a LuxSci customer, you can view online email delivery reports to see if TLS was used for any particular message. We record the kind of encryption in the delivery reports, so it’s easy to see which emails were encrypted.

How can you Ensure Emails Are Securely Transmitted?

With some servers not recording TLS in message headers, how can you determine if a message was transmitted securely from sender to recipient?

To answer this question accurately, you must understand the properties, servers, and networks involved. It may be easy to determine that the message was transmitted securely if included in the header information. However, the absence of information does not necessarily mean the message was insecurely transmitted. You can only know this if you know what each system’s servers record.

In our example of a message from Hotmail to LuxSci, you need to know that:

Proofpoint and LuxSci will always log the use of TLS in the headers. We can infer that the Hotmail to Proofpoint transmission was not secure as nothing was recorded there.
The transmission of messages within LuxSci’s infrastructure is secure due to private back channel transmissions. So, even though there is no mention of TLS in every Received line after LuxSci accepts the message from Proofpoint (in this example), transferring the messages between servers in LuxSci is as secure as using TLS. Also, the same server can add multiple received lines as it talks to itself. Generally, these hand-offs on the same server will not use TLS, as there is no need. In the LuxSci example, we see this as “abc.luxsci.com” adds several headers.
We don’t know anything about Hotmail’s email servers, so we don’t know how secure the initial transmissions within their network are. However, since we know they did not securely transmit the message to Proofpoint, we are not confident that the transmissions and processing within Hotmail (which may have gone unrecorded) were secure.

Was the email message sent and received using encryption?

We skipped steps 1 and 3 and focused on step 2 – the transmission between servers. Steps 1 and 3 are equally, if not more, necessary. Why? Because eavesdropping on the internet between ISPs is less of a problem than eavesdropping near the sender and recipient (i.e., in their workplace or local wireless hotspot). So, it’s essential to ensure messages are sent securely and received securely. This means:

Sending: Use SMTP over SSL or TLS when sending messages from an email client or use WebMail over a secure connection (HTTPS).
Receiving: Ensure your POP or IMAP connection is secured via SSL or TLS. If using WebMail to read your email, be sure it is over a secure connection (HTTPS).
WebMail: There is generally no record in the email headers to indicate if a message sent using WebMail was transmitted from the end-user to WebMail over a secure connection (SSL/HTTPS).

You can typically control one side and ensure it is secure; you can’t control the other without taking extra steps. So, what can you do to ensure your message is secure even if it might not be transmitted with encryption or if the recipient tries to access it insecurely?

You could use end-to-end email encryption (like PGP or S/MIME, which are included in SecureLine) or a secure web portal that doesn’t require the recipient to install or set up anything to get your secure email message. These methods meet HIPAA and other regulatory compliance requirements for secure data transmission and provide complete confidence that the message will be sent and received securely.

LuxSci’s SecureLine offers flexible encryption options, including TLS, secure web portal, PGP, and S/MIME. Its dynamic capabilities can determine what types of encryption the recipient’s server supports to ensure your emails are always sent securely. Contact our team today to learn more about how to secure your emails.

HIPAA-Compliant Email Marketing: FAQ

November 21, 2023
LuxSci

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.

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

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

What is an Email API?

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

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

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

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

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

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

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

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

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

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

Microsoft 365 can be configured with Office Message Encryption (OME) to comply with HIPAA. However, the program is not well-suited to 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.

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.