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

encrypted email transmission

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:

  1. The sender’s computer talks to the sender’s email or WebMail server to upload the message.
  2. The sender’s email or WebMail server then talks to the recipient’s inbound email server and transmits the message to them.
  3. 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:

  1. 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).
  2. Each Received line documents what a server did and when.
  3. 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

  1. 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:

  1. 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.
  2. 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.
  3. 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.

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Business Associate Agreement

Understanding Business Associate Agreements (BAAs) and Shared Responsibility

Modern-day healthcare organizations rely on a growing array of partners and vendors to provide them with the tools they need to effectively serve patients and customers. 

 

However, while new digital solutions and healthcare ecosystems often result in greater productivity and efficiency, they also increase the number of third parties a company must communicate with and share protected health information (PHI), requiring a business associate agreement (BAA). Unfortunately, this increases the risk of PHI being exposed, as it increases a healthcare organization’s supply chain network and the number of external organizations with access to their data, significantly raising the risk of a security breach. 

 

This is where the concept of shared responsibility comes in. 

 

In this article, we explore the shared responsibility model for data security, explaining the concept, the role of a BAA in shared responsibility, and why healthcare companies need to know how it works and where it factors into their HIPAA compliance efforts. 

What Is The Shared Responsibility Model? 

Shared responsibility is a core data security principle that divides the responsibility for protecting data between a company that collects the data and a vendor that supplies the infrastructure or systems used to process said data.

 

The shared responsibility model grew in prominence as more companies moved to cloud-based environments and applications. In the past, when companies kept their systems and data onsite, they had more control over who could access their data and, subsequently, a better ability to mitigate data security risks.

 

However, in adopting cloud-based infrastructure and applications, companies have to process and store their data in the cloud – often in shared infrastructure with other vendors using the same cloud – which consequently shifts some of the responsibility of information security to the cloud service provider (CSP) itself. This marked a profound shift in the way data was handled, transmitted, and stored – necessitating an evolved approach to data security. 

 

This fundamental shift in the way companies consume infrastructure and use apps ushered in the shared responsibility model: Where the cloud vendor provides the infrastructure or application, including HIPAA compliant and high secure environments, but it’s still the responsibility of the client to configure and use it securely. 

Business Associate Agreements (BAAs) and Shared Responsibility

By detailing the respective responsibilities of healthcare companies or Covered Entities (CEs) and their vendors or Business Associates (BAs) in securing PHI, a Business Associate Agreement is a prime example of shared responsibility. 

 

For example, the Business Associate shoulders the responsibility of providing the data safeguards required by HIPAA to secure patient data, such as infrastructure, encryption, audit logging, and even physical onsite security.

 

The Covered Entity, meanwhile, is responsible for conducting risk assessments, defining access control policies and processes, configuring services accordingly, workforce training, and continuous monitoring.

Additionally, both parties have the obligation to report security incidents to each other, as well as being independently accountable to the U.S. Department of Health and Human Services (HHS).

Why Shared Responsibility Is Essential for HIPAA Compliance

For healthcare companies, having a firm grasp of the shared responsibility model for safeguarding and securing PHI, and how they fit within your overall security posture is essential (for two key reasons).  

Security Gaps

Firstly, clearly understanding the shared responsibility decreases the likelihood of security gaps. If CEs are under the impression that the vendor handles all aspects of data security, they won’t be as vigilant. They’ll be less inclined to configure services, educate their staff accordingly, pay appropriate attention to vendor security alerts, etc. 

 

But the same is also true for BAs: If they assume their client does most of the heavy lifting in securing the data disclosed to them, they could be remiss in their duties to protect it. Without shared responsibility, each side simply assumes the other is covering a safeguard, opening the door for security gaps that malicious actors can exploit.

 

Fortunately, by detailing both parties’ (CEs and BAs) responsibilities and liabilities regarding data protection, a BAA removes this ambiguity and, more importantly, reduces the risk of security gaps. It’s critical to know the details and work with vendors building products for compliance versus implementing a tick-box approach to compliance that places too much burden on the CE.

Covered Entities (CEs) Are Ultimately Accountable

Subsequently, the second reason why it’s essential for CEs to understand the shared responsibility model, and increase their cybersecurity readiness accordingly, is that it’s the CE that’s ultimately held accountable for data breaches. 

 

Mistakenly thinking that a BAA automatically makes them compliant may result in healthcare companies underinvesting in training, monitoring, and incident response. Conversely, understanding that even with a BAA in place, they’re the ones primarily accountable for protecting PHI gives them a greater sense of urgency to properly implement HIPAA compliant security measures. 

The Covered Entity’s Role Within Shared Responsibility

Let’s look at the ways that healthcare companies have to hold up their end in the shared responsibility model. 

Choose Compliance-Conscious Vendors 

First and foremost, companies have to choose the right vendors to supply them with HIPAA compliant services and solutions.

 

Look for companies that market themselves as HIPAA compliant and display a detailed understanding of HIPAA requirements, particularly the HIPAA Security Rule. Do your due diligence and perform deeper dives on potential vendors, researching their stated security features, reviews from existing clients, whether they have certifications like HITRUST – and if they’ve been involved in any data breaches. 

 

Naturally, a core prerequisite of being a HIPAA compliant vendor is being willing to sign a BAA, so you can immediately rule out any vendors not willing to do so. For instance, some healthcare companies may assume they can use widely adopted solutions such as SendGrid, Mailchimp, but they don’t offer a BAA. 

 

Once you’ve confirmed a vendor offers a BAA, look through it to establish its terms and determine if it covers the services you’re interested in. 

Configuration 

Another core component of shared responsibility is comprehensive configuration management. While the BA’s responsibility is to provide a secure solution that satisfies HIPAA requirements, it’s the CE’s responsibility to configure it securely to fit within their IT ecosystem. 

Features that often require configuration include: 

 

  • Access control: Role-based access, Zero Trust, Multi-Factor Authentication (MFA).
  • Encryption settings: Enabling encryption, choosing encryption type, enforcing forced TLS, enabling storage encryption.
  • Feature restrictions: Disabling default configurations that enable integration with non-compliant tools. 
  • Audit logging: Enabling audit logging and configuring log formats.
  • Retention settings: How long to retain audit logs and who is permitted to review them.

Finally, establishing a patch management strategy, i.e., when and how your organization applies software updates, is an important element of configuration.  While the vendor must release updates to fix security vulnerabilities discovered in their solutions, it’s up to healthcare companies to deploy the patches. 

Training

Regardless of how many security features a vendor bakes into their solutions, once deployed by a healthcare company, the tool is only as secure as the practices of their least security-conscious employee. Consequently, companies must train their staff on how to properly use a solution to process protected health information and sensitive data. The more an employee is required to handle PHI, the more thorough and frequent their training should be. 

 

Key aspects of comprehensive cybersecurity training include:

 

  • Common cyber threats: what the most prevalent cyber threats are and how to recognize them.
  • Incident response: how to report a suspected security incident, i.e., who to contact and when. 
  • Specific solution training: how to securely use systems that process PHI
  • Scope awareness: knowing which services within your organization’s IT ecosystem are HIPAA-compliant and which are not

Reporting 

Although both healthcare companies and BAs have notification obligations to the HHS in the event of a data breach involving PHI, it’s the CE that bears most of the investigative burden. 

 

Firstly, while a BA may report a security incident, it’s the CE’s responsibility to conduct a risk assessment to determine the probability of compromise of PHI, assess risk, and determine whether an official notification of a breach to HHS is necessary.

 

Secondly, BAs must notify the CE without unreasonable delay and no later than 60 days after discovery. Although BAs often wait to complete internal investigations before notifying the CE, the CE’s 60-day clock starts upon the BA’s discovery, not upon the BA’s report. Therefore, BA delays can create compliance risks for the CE.

 

To prevent this, where possible, you can include stricter contractual reporting timelines in the BAAs. This constantly keeps your company in the loop, ensuring you have sufficient lead time to complete your own investigations and your HIPAA-regulated deadlines.

LuxSci – Secure Healthcare Communications

Developed specifically to fulfil the stringent regulatory and ever-evolving data security needs of the healthcare sector, LuxSci’s secure email, text, marketing and forms solutions help companies protect PHI and personalize communications.  

 

Equally as importantly, instead of leaving you to “figure it out” – pushing additional responsibility back onto your company – LuxSci has a reputation for the best customer support in the business, offering onboarding, detailed documentation, secure default configurations, and ongoing support to help navigate the murky waters of HIPAA compliance, while getting best-in-class performance out of your solution.

 

Contact LuxSci today to learn more or get a demo.

HIPAA Compliant Email

Signing a BAA Does Not Automatically Make You HIPAA Compliant

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

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

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

Business Associate Agreements (BAAs) Explained 

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

A BAA details:

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

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

Compliance Considerations After Signing a Business Associate Agreement (BAA)

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

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

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

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

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

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

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

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

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

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

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

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

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

      3. Staff Must Be Trained to Securely Handle PHI 

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

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

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

        4. Reporting Requirements

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

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

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

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

          5. Subcontractor BAAs

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

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

            HIPAA Compliance Beyond a BAA with LuxSci

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

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

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

            healthcare marketing

            How Hypersegmentation Drives Greater Healthcare Marketing Engagement

            In healthcare marketing, effective engagement is crucial. It’s imperative that healthcare providers, payers, and suppliers know how to connect with their patients and customers, keeping them aware of all aspects of their healthcare journey – and empowering them to participate as much as possible. 

            This is where segmentation comes in. 

            Instead of sending out healthcare marketing email communications that appeal to as many people as possible, segmentation enables healthcare companies to appeal to specific individuals or groups. It opens the doors for scenarios in which patients and customers see a message in their inbox and think, ‘this message is for me’. 

            With that goal in mind, this post explores use cases and best practices in segmentation, why it’s so important for healthcare companies, and different ways that marketers can segment their audiences for optimal patient and customer engagement.

            What is Segmentation?

            Segmentation is the process of dividing your contact list, or audience, into smaller groups based on shared data, including protected health information (ePHI) characteristics. This could include demographics (age, gender, geographic location, etc.), medical conditions, risk factors, behaviors, and so on. 

            Why Segmentation is Essential in Healthcare Email Marketing

            For healthcare organizations, segmentation is a highly effective, and essential, strategy for sending patients and customers personalized email messaging. Personalized emails are more relevant to the recipient, which greatly increases the chance of them capturing their attention and subsequent engagement. 

            This allows healthcare companies to successfully achieve the objective of their email campaigns, whether that’s reducing the number of appointment no-shows, increasing adherence to care plans, securing payments, or boosting sign-ups or sales. More importantly, patients and customers are more involved in their healthcare journey, staying on top of upcoming appointments, receiving applicable advice and recommendations, and becoming aware of products and services that may prove beneficial to their health, improving overall outcomes. 

            Additionally, dividing audiences into distinct groups gives healthcare organizations invaluable insights into the behaviour and needs of different segments at different stages of the healthcare journey. 

            For instance, an email campaign targeting a particular segment may reveal that they’re more likely to miss appointments than other groups. Similarly, segmentation may highlight that a certain high-risk group neglects to book recommended health screenings. Such insights enable healthcare providers, payers, and suppliers to improve their email engagement strategies, to drive more desirable outcomes and, ultimately more satisfied, loyal, and, above all, healthier patients and customers. 

            How Can Segmentation Aid HIPAA Compliance?

            Another considerable benefit of segmentation for healthcare organizations is that it supports their HIPAA compliance efforts. Because segmentation necessitates setting precise rules that control which individuals receive particular emails, it greatly mitigates the risk of accidentally sending sensitive patient data to the wrong person. 

            Let’s say, for instance, that you want to conduct an email campaign targeting expectant mothers. By creating a segment comprised of pregnant patients or customers using the appropriate data field, you ensure that sensitive, pregnancy-related information is only sent to relevant parties. By reducing the likelihood of disclosing PHI to the wrong individuals, segmentation not only helps maintain regulatory compliance, but also preserves patient trust and confidence in your organization.

            Different Ways to Segment Your Audience 

            Demographic Segmentation

            This involves grouping individuals by shared demographic attributes such as:

            • Age
            • Gender
            • Location
            • Ethnicity
            • Education Level
            • Employment Status
            • Marital Status
            • Family Status
            • Socioeconomic Status (Income)
            • Spoken Languages / Preferred Language
            • Income
            • Insurance Coverage Type
            • Religious or Cultural Affiliations

            Demographic information is a very powerful way to segment audiences to send them valuable, highly relevant information, for example:

            • Sending mammogram or prostate screening recommendations to women or men over a certain age. 
            • Sending health alerts to people in a certain region or ZIP code in response to the emergence of a disease in their area (e.g., flu, a new COVID strain). 
            • Making educational material easy to understand and informative. 

            Clinical Segmentation

            Here, individuals are grouped according to medical criteria, such as:

            • Health conditions
            • Prescribed medications
            • Treatment plans
            • Recent surgeries or medical procedures 
            • Recent lab test results
            • Hospitalization history
            • Vaccination status

            This enables healthcare organizations to craft a wide range of specific communications that hone in on particular patients and customers, including:

            • Disease management and preventative care advice for people suffering from certain conditions, e.g, how diabetic patients can best monitor and manage their blood sugar.
            • Recovery guidance for post-operative patients. 
            • Feedback requests for individuals on particular treatment plans, in an effort to optimize them. 

            Healthcare Journey Stage Segmentation

            This divides individuals according to their position in their care journey within your organization. 

            For healthcare providers, new patients should receive onboarding materials, explanations of services and how to make the most of them, and similar materials that help them feel welcome and informed. Existing patients, meanwhile, can be further segmented into active, overdue (inactive), or high-risk groups – all of which have different needs and ways in which they should be communicated with: 

            • Active patients: appointment reminders, educational materials, event and service recommendations, satisfaction surveys, etc. 
            • Overdue and inactive patients: appointment or payment reminders, re-engagement communications, etc. 
            • At risk patients: more frequent communications, care coordination messages, or support service referrals

            Behavioral Segmentation

            This method of segmentation is based on how recipients interact with emails or services, including:

            • How often they open emails.
            • If they click through on links.
            • If they use patient portals.
            • If they complete forms.
            • How often they attend scheduled appointments. 

            This segmentation empowers healthcare organizations to tailor the content type, frequency, and calls-to-action based on real engagement insights, and also carry out automated workflows based on each individual’s interaction with an email.

            Supercharge Your Segmentation with LuxSci

            LuxSci’s empowers healthcare organizations to effectively segment their contact lists into distinct target audiences for greater engagement in the following ways:  

            • LuxSci Secure Marketing features powerful hypersegmentation capabilities for granular targeting that increase opens, clicks and conversions for your healthcare marketing campaigns. 
            • LuxSci Secure High Volume Email enables companies to execute campaigns encompassing hundreds of thousands or millions of emails, targeting specific groups and audiences. 
            • Easy integration with EHR, CDP, and CRM systems to leverages deeper levels data for highly targeting, highly personalized email campaigns. 

            Reach out today to learn how LuxSci can help you reach more patients and customers, drive more engagement and conversions, and improve overall outcomes.

            healthcare marketing

            How Automated Workflows Boost Engagement for Healthcare Marketing Campaigns

            Due to the fact that it’s simple, instantaneous, cost-effective, and nearly universally adopted, email is an essential part of all healthcare marketing engagement strategies. However, consistent, personalized email engagement – particularly at scale – can be challenging. 

             

            Fortunately, Automated Workflows offer a solution, allowing healthcare companies to deliver the right messages to the appropriate individuals at the right time, based on their individual engagement with emails.. 

             

            In this post, we’ll explore the concept of Automated Workflows, the considerable benefits they offer healthcare companies, and the variety of ways they can be used to increase engagement and result in greater satisfaction and better healthcare outcomes for your patients and customers.

            What Are Automated Workflows?

            An Automated Workflow is a sequence of actions, known as’ Steps’ in LuxSci Secure Marketing, that a Contact (i.e., a patient or customer) moves through over time, based on a series of pre-defined rules or triggers. 

             

            Each Step is programmed to automatically perform a specific function, such as sending an email or updating a Contact, when certain conditions are in place. These conditions could include: 

            • A Contact opening a message.
            • A Contact clicking through on a link.
            • A specified amount of time having elapsed.. 
            • A data update via an API call

            By evaluating conditions to initiate the appropriate Step, Automated Workflows facilitate more timely, consistent, and personalized communication with Contacts (patients and customers ). As a result, healthcare companies can effectively harness Automated Workflows to develop dynamic, personalized email engagement journeys that adapt according to your patients and customers’ needs and prior interactions.

            What Are the Benefits of Automated Workflows?

            Let’s look at the various advantages that Luxsci Automated Workflows offer. 

            Reduced Administrative Workload

            Arguably, the most significant benefit of Automated Workflows is the extent to which they lower the administrative burden of email engagement campaigns for healthcare organizations. 

             

            First and foremost, Automated Workflows eliminate the need for an employee to manually send your Contacts messages. As well as the manual effort, it removes a great deal of thought from the process – as someone isn’t required to remember to send an email. 

             

            By the same token, this reduces the scope for human error, preventing the possibility of an employee neglecting to send an important message, sending it to the wrong person, or worse, accidentally exposing patient data, i.e., electronic protected health information (ePHI). 

             

            The effort that Automated Workflows reduce is typically repetitive work that staff are glad to be free of, giving them additional time to focus on tasks that provide greater value and better contribute to better patient care and/or the customer experience. 

            Enhanced Scalability

            The time saved by employing Automated Workflows increases with the size of your Contact List and the scale of your engagement campaigns. In fact, enterprise-scale campaigns, with volumes of hundreds of thousands to millions of emails, are only feasible through the use of automation. 

             

            Similarly, Automated Workflows enable healthcare organizations to run differing, personalized email campaigns aimed at unique patient or customer segments.  As well as automatically sending each message at the appropriate time, they provide tracking capabilities to determine the outcome of each message. 

            Increased Consistency in Communication

            Because Automated Workflows remediate the risk of emails going unsent, they facilitate more timely and consistent communications with patients and customers. This makes healthcare providers, payers, and suppliers appear more reliable and consistent, building trust and greater levels of satisfaction from Contacts. More importantly, recipients are better able to track what’s happening with their healthcare and assume a more proactive role overall healthcare journey..

             

            Finally, creating an Automated Workflow requires healthcare organizations to carefully consider how they communicate with different Contact segments. Namely, the likely journey, or communication path, different types of Contacts take, i.e., information they need to know at a particular stage in their healthcare journey, the optimal order in which information needs to be presented, etc. This allows healthcare companies to become more in-tune with their patients’ and customers’ needs, enabling them to craft more valuable email communications that boost engagement. 

            Personalized Healthcare Engagement 

            Perhaps the most significant benefit of Automated Workflows is that they enable adaptive, personalized engagement for healthcare marketing and communications campiagns. Instead of manually tracking where each Contact is in a given engagement sequence, or worse, merely having to guess, you know precisely where they are. Consequently, you’re acutely aware of their needs and the exact nature of the emails you need to send them next. 

             

            This, in turn, enables more effective Contact nurturing, i.e, strengthening your organization’s connection with each individual. When at its most effective, this may allow you to anticipate your Contacts’ needs, enabling you to send them communications, such screening or testing recommendations, educational materials, or product and service suggestions, that support their healthcare journey and enhance their quality of care.

            Automated Workflow Use Cases

            Automated Workflows are a powerful tool for increasing healthcare marketing and communications engagement because they can be applied to a wide range of use cases. Let’s take a look at some of the most common and impactful ways email automation can be used by healthcare companies. 

            • New Product Announcements: keeping patients and customers in the loop on your company’s latest offerings, as well as improvements to existing products and services that are likely to be of interest, based on their data and past actions.
            • Personalized recommendations: suggesting products or services based on the recipient’s past purchases or engagement history.
            • Re-Engagement Campaigns: Automated Workflows can also be used to reconnect with Contacts with whom engagement has waned or was never completely established, sending them personalized messages to encourage specific actions or reignite interest.
            • New Member Onboarding: welcoming new patients or customers  with a structured series of emails that introduces your services, provides technical assistance (where applicable), details subsequent steps, and explains how to get the most value from your products or services. 
            • Appointment Reminers and Follow-Ups: sending reminders, care instructions, medication adherence advice, or details on how to book subsequent appointments, for instance, after a patient visit. 
            • Patient Education Campaigns: taking patients through a structured curriculum on managing their medical condition or required  lifestyle changes to improve their health..
            • Preventative Care Communications: proactively sending reminders for screenings, check-ups, vaccinations, etc., based on PHI such as a patient’s age, gender, health condition or lifestyle risk factors.
            • Milestone Communications: sending personalized messages to acknowledge birthdays, enrollment anniversaries, and other pertinent dates. These can also be combined with preventative care communications, to send recommendations or other advice, based on the contact’s age, for instance.  
            • Feedback Collection: acquiring patient and customer feedback by sending follow-up surveys a set amount of time after a visit, procedure, purchase, etc. 

            How Automated Workflows Work in LuxSci Secure Marketing

            To round off this post, let’s take a deeper look at how Automated Workflows work within LuxSci’s Secure Marketing solution. LuxSci’s Automated Workflows enhance your organization’s HIPAA compliant healthcare marketing and email campaigns by giving you complete control of:

             

            • When each email is sent
            • Which Contacts receive particular communications according to their behavior, needs, and other PHI-based attributes
            • Which engagement path or branch a Contact takes based on their email actions

            Here’s a look at LuxSci’s Automated Workflows key capabilities in greater detail. 

            Smart Event-Based Branching and Conditions

            You can branch Workflows to trigger targeted messaging based on a Contact’s attributes or certain engagement events, resulting in more relevant and effective healthcare journeys  with more desirable outcomes.

            • User actions:
              • Mailing list sign-ups
              • Form completion
              • Downloading a resource.
            • Time-based triggers:
              • A set period after a visit or procedure 
              • A defined period of inactivity or lack of contact
              • Milestones, e.g., birthdays, anniversaries. 
            • Behavioral triggers:
              • Email opens
              • Clicking on links
              • Visiting particular pages on a site or 
              • A lack of engagement with previous emails.
            • Transactional triggers:
              • Purchasing a product or service
              • Signing up for an event
              • Order confirmations or shipping updates after a purchase.
            • API-triggered events
              • Lab results or similar correspondence becoming available
              • Changes to data in EHR systems, CDP platforms, or CRM systems.. 

            Automated Segment Management 

            Automated Workflows can be used to dynamically add Contacts to segments based on demographics, past behavior, purchase history, and similar events. This enables more precise targeting and email personalization as they progress through specific Steps in each Workflow. 

            Navigation Across Steps

            Automated Workflows are also capable of navigating Contacts across different Steps or completely different Workflows depending on engagement outcomes and updates to a Contact’s PHI. Better still, if a Step has already been visited, LuxSci Secure Marketing automatically prevents repetition and infinite loops.

            Automate Your Healthcare Marketing and Engagement Efforts

            LuxSci Secure Marketing is a HIPAA compliant healthcare marketing solution especially designed for the stringent security and regulatory requirements of the healthcare industry. Our solution enables healthcare organizations to confidently communicate with patients and customers at scale without risking compliance violations, driving increased engagement and boosting the ROI of their marketing campaigns in the process. 

             

            The latest version of LuxSci’s Secure Marketing solution with Automated Workflow functionality streamlines your company’s outreach efforts, saving considerable time, reducing human effort, and facilitating intelligent Contact management. 

            What’s more, LuxSci’s reporting capabilities empower you to carefully track the results of your healthcare engagement campaigns, gaining insights at every step, including:

            • Which Contacts received particular messages
            • Who engaged with email communication, and how
            • Precise points where drop-offs in engagement occur
            • The engagement achieved with each Step in the Workflow

            To learn more about LuxSci’s Secure Marketing solution and how Automated Workflows boost engagement for your healthcare marketing and communications campaigns, contact us today.

             

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            HIPAA Marketing Rule

            What Does the HIPAA Marketing Rule Require?

            The HIPAA marketing rule prohibits healthcare organizations from using protected health information for promotional communications without written patient authorization, defining promotional activities as communications that encourage patients to purchase products or services with financial benefit to the sender. Organizations can send treatment-related communications, appointment reminders, and health plan benefit descriptions without authorization, but any communication promoting third-party products, paid services, or revenue-generating activities requires explicit patient consent through properly executed authorization forms.

            Healthcare providers regularly find themselves struggling with acceptable patient education and prohibited promotional activities. A simple newsletter about diabetes management becomes problematic when it includes advertisements for glucose monitors or pharmaceutical products that generate revenue for the practice.

            The HIPAA Marketing Rule Authorization Framework

            Patient authorization documents must contain sixteen specific elements including detailed descriptions of information to be disclosed, identification of recipients, expiration dates, and explanations of revocation rights. These forms cannot be combined with other consent documents and must use plain language that patients can easily understand. Healthcare organizations face penalties when authorization forms lack required elements or contain overly broad permission language.

            Patients retain the right to revoke authorization at any time, forcing organizations to immediately cease all promotional activities involving that individual’s information. Organizations cannot condition treatment, payment, enrollment, or benefits eligibility on patients providing authorization for promotional purposes, creating clear separation between healthcare services and commercial activities.

            Treatment Communications Bypass Marketing Restrictions

            Healthcare organizations can discuss treatment alternatives, medication options, and care coordination services without obtaining separate authorization because these communications serve legitimate healthcare purposes rather than commercial interests. Appointment scheduling, test result notifications, and prescription refill reminders fall under treatment or healthcare operations exemptions from marketing regulations.

            Face-to-face communications between providers and patients about treatment options is unrestricted, even when providers receive financial benefits from recommended treatments or services. Written materials distributed during these encounters may trigger authorization requirements if they promote specific products or services beyond the immediate treatment relationship.

            Financial Incentive Distinctions Shape HIPAA Marketing Rule Compliance

            Communications become subject to the HIPAA marketing rule when healthcare organizations receive financial remuneration from third parties for promoting their products or services. Pharmaceutical company payments for promoting medications, medical device manufacturer incentives, or referral fees from specialty services transform otherwise acceptable communications into restricted promotional activities.

            Organizations must examine their financial relationships carefully to determine when communications cross from permissible healthcare operations into restricted promotional territory. Even nominal payments or gifts from third parties can trigger marketing authorization requirements for communications that mention or promote those parties’ products or services.

            Business Associate Relationships Complicate Marketing Activities

            Vendors creating promotional materials, managing patient outreach campaigns, or analyzing treatment data for commercial purposes need business associate agreements before accessing PHI. These relationships are difficult if the promotional vendors also provide healthcare services or when healthcare organizations share revenue from marketing activities with their business partners.

            Organizations must negotiate appropriate contractual protections and ensure vendors understand their obligations under the HIPAA marketing rule before beginning any collaborative promotional activities. Liability for vendor violations remains with the covered entity, making careful partner selection and monitoring essential for maintaining compliance.

            Digital Platforms & Modern Marketing Compliance Challenges

            Social media advertising, email campaigns, and online retargeting involve sharing patient information with technology platforms that lack appropriate privacy protections. Healthcare organizations cannot upload patient contact lists, demographic details, or treatment information to advertising platforms without proper authorization and business associate agreements covering those platforms.

            Website analytics, social media pixels, and advertising tracking technologies may inadvertently capture and transmit PHI to third-party platforms without appropriate protections. Organizations need controls to prevent accidental information sharing while still enabling effective digital marketing activities within compliance boundaries.

            Enforcement Penalties Reflect Serious Violation Consequences

            Recent Office for Civil Rights enforcement actions have resulted in multi-million dollar settlements for organizations that used patient information in marketing materials without authorization or shared PHI with advertising vendors without appropriate agreements. These cases highlight increasing federal scrutiny of healthcare promotional activities and willingness to impose substantial financial penalties.

            Violations may stem from seemingly innocent activities like patient newsletters, social media posts, or website testimonials that inadvertently disclosed PHI without proper authorization. Organizations discover that good intentions cannot shield them from penalties when their marketing activities violate patient privacy protections under the HIPAA marketing rule.

            Compliance Programs Minimize Violation Risks

            Healthcare organizations benefit from establishing clear review processes for all promotional materials and patient communications before distribution. Designated privacy personnel can evaluate whether proposed communications require authorization, involve business associate relationships, or create other compliance risks under marketing regulations.

            Staff training helps employees recognize the difference between permissible healthcare communications and restricted marketing activities. Education updates keep pace with new promotional channels, emerging technology platforms, and evolving interpretations of the rule’s requirements within changing healthcare and advertising landscapes.

            LuxSci HIPAA Compliant Marketing FAQs

            HIPAA-Compliant Email Marketing FAQs

            Email is an essential channel for most healthcare marketers, but HIPAA compliance requirements can make it challenging to execute effective engagement campaigns without violating patient privacy.

            HIPAA is a complicated set of regulations that while offering a lot of guidance, does not mandate the use of any specific technologies to protect patient privacy. This ambiguity causes a lot of confusion for marketers looking to integrate email into their healthcare engagement campaigns.

            With this in mind, this article addresses some frequently asked questions (FAQs) about HIPAA-compliant email marketing and offers advice for securing patient data and future-proofing your marketing.

            Frequently asked HIPAA compliant email marketing questions

            Do Generic Newsletters Need To Be Protected?

            What Is An Email API?

            Does HIPAA Allow Healthcare Providers To Send Unencrypted Emails With PHI To Patients?

            Can Patients Exercise Their Right Of Access By Receiving PHI via Unencrypted Email?

            Is Microsoft 365 Sufficient For Marketing Emails?

            What Are Common Email Marketing Use Cases For Healthcare?

            How Do I Find a HIPPA-Compliant Email Marketing Vendor?

             

            Do generic newsletters need to be protected?

            Some marketers assume newsletters from a healthcare provider or supplier do not contain health information and, therefore, do not fall under HIPAA requirements. This assumption, however, is often incorrect, with many surprised to learn that protected health information (PHI) can be implied from seemingly innocuous information.

            As a result, many generic email newsletters often indirectly contain PHI due to the very fact that they are sent to lists of current patients or customers. This is because email addresses count as individually identifiable data and when combined with the message therein, it’s pretty simple to infer that they are patients or customers.

            Let’s say, for example, that you send a newsletter to the patients of a dialysis clinic. An eavesdropper could infer that the recipients receive dialysis. Consequently, as the email reveals information about an individual’s health treatment, it contains PHI and should be secured in compliance with HIPAA regulations.

            For the fundamental reason that it can be difficult to determine what classifies as PHI, it’s safer to skip the ambiguity entirely and use a HIPAA-compliant email marketing solution to ensure security.

            What is an email API?

            An Application Programming Interface (API) is a collection of protocols, or rules, that enable different applications to communicate with each other. APIs are a crucial aspect of modern applications – as they spare developers the considerable effort of creating application features from scratch – they can just connect to the API of an existing application.

            For example, how many websites have you used that utilize Google Maps? This is because they have connected their site to the Google Maps API – integrating it into their application and providing another feature for their users.

            In the case of an email API, it is a way for applications, such as customer relationship management (CRM) platforms, customer data platforms (CDP) and electronic health record (EHR) systems, to connect to email service providers. This then allows marketers to send emails through the application, using the ePHI (electronic protected health information) collected and stored within the application.

            Additionally, marketers can view and further utilize campaign data through the powerful dashboards and analysis tools found in CRM systems and similar applications. Trigger-based transactional or marketing emails are ideal for sending with an email API, whereby 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 appointments, check ups or treatments.

            As invaluable as email APIs are, however, especially for streamlining and automation communication workflows, they are no substitute for a comprehensive email marketing platform. Email APIs do not include the contact management systems standard in most email marketing platforms, as all the data resides within the application they connect to. Additionally, email API tools do not typically include drag-and-drop editor tools and other design features that enable you to make your emails stand out and boost patient engagement.

            Does HIPAA allow healthcare providers and companies to send unencrypted emails with PHI to patients?

            Encryption is an addressable standard, i.e., it must be implemented by the organization unless a risk analysis concludes that implementation is not reasonable and appropriate, under the HIPAA Security Rule. This does not mean it is optional. The HIPAA Security 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.” in response to this, 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 – and increases your administrative overhead.
            2. Signed waivers do not insulate you from the consequences of a HIPAA breach.
            3. Using waivers to send unencrypted emails doesn’t absolve you of your other HIPAA obligations, such as data retention and disposal. Subsequently, using a HIPAA-compliant email solution is more manageable and eliminates ambiguity.

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

            Yes, but they must be fully informed of the risks and sign waivers acknowledging them; the caveats detailed in the above answer apply. Consequently, it’s always best to use an encryption tool to protect patient data.

            Is Microsoft 365 with encryption sufficient for sending marketing emails?

            Microsoft 365 can be configured with Office Message Encryption (OME) to comply with HIPAA. However, it is not well-suited for sending marketing emails. OME primarily relies on portal pickup encryption, in which the message is stored securely on a server and requires the recipient to log in to the portal to read the email. As a result, the portal adds friction to the marketing process that prevents optimal engagement and constrains ROI.

            Marketing messages containing light-PHI, i.e. low-risk data, are best sent using Transport Layer Security (TLS) encryption. TLS-encrypted messages arrive in the recipient’s inbox just like a regular email and do not require them to complete an additional step.

            Additionally, Microsoft 365 is not configured to send high volumes of email. If you plan on executing large scale marketing campaigns, you could unintentionally disrupt regular business communications by sending all the messages through the same infrastructure. Instead, you should separate your business and marketing email delivery activities to protect your IP reputation, i.e., the trustworthiness of your IP addresses and how likely it is your emails end up in a spam folder, and achieve your desired sending throughput.

            What are the common email marketing use cases for healthcare?

            Email marketing in healthcare is not restricted to boring general practice newsletters and other communications that fail to engage patients. When you successfully harness tools that enable you to use ePHI to better target and personalize your healthcare engagement campaigns – the sky is the limit. With consumer preferences shifting toward digital communications, marketers who know how to best utilize HIPAA-compliant email marketing – and tactics like segmentation and personalization – will prove more effective at reaching patients.

            Examples of ways that healthcare marketers can use email include:

            • Lead generation campaigns
            • Promotions
            • Verifications
            • Order confirmations
            • Notifications
            • Upsell & cross-sell
            • Collecting data on the patient experience

            How do I find a HIPAA-compliant email vendor?

            Using popular email marketing platforms, such as Mailchimp, is not recommended. Many of these platforms were designed for  businesses, but are simply 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 (BAA) 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 data, i.e., email messages, in transit as 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.

            Conclusion

            Admittedly, HIPAA can be difficult to understand – but choosing the right tools and adequately vetting your vendors makes it far easier to successfully execute HIPAA-compliant email marketing campaigns.

            As the most experienced HIPAA-compliant email provider, LuxSci specializes in providing secure and scalable communications for companies aiming to send hundreds of thousands – or millions – of emails. In light of this, we place security, compliance and personalization considerations front and center when building our solutions.

            Interested in discovering how LuxSci’s secure healthcare communications solutions can transform your healthcare marketing and engagement efforts?

            Contact us to learn more today!

            Why Is Marketing Important to a Medical Practice?

            Marketing helps medical practices attract new patients, retain existing ones, build their reputation, and communicate their value in competitive healthcare markets. Effective practice marketing increases patient awareness of available services, educates communities about health topics, and establishes trust with potential patients. A strategic marketing approach allows practices to grow sustainably while maintaining focus on quality patient care.

            Patient Acquisition and Practice Growth

            Medical practices depend on a consistent stream of new patients to maintain financial health and expand their services. Marketing campaigns that present specialties, physician credentials, and treatment approaches help differentiate a practice from local competitors. When potential patients search for healthcare providers online, digital marketing ensures the practice appears in relevant local results. Many successful practices implement referral programs where current patients recommend services to friends and family, creating organic growth. Geographic expansion becomes possible when marketing targets new communities or demographic groups with specific healthcare needs. Without effective marketing, even excellent medical practices can struggle to maintain optimal patient volume.

            Strengthening Patient Relationships

            Patient relationships flourish beyond initial appointments when practices implement thoughtful marketing strategies. Regular health newsletters educate patients about relevant medical topics while keeping the practice top-of-mind between visits. Automated appointment reminders decrease no-shows and demonstrate respect for patients’ time commitments. Many practices find that personalized communications acknowledging birthdays or health milestones create meaningful connections that patients appreciate. Effective promotion of patient portal features increases engagement with health information and simplifies administrative interactions. Maintaining existing patient relationships through marketing typically costs less than acquiring new patients. Patient loyalty translates to word-of-mouth recommendations that benefit practices more than most paid advertising.

            Building Practice Reputation

            In competitive healthcare markets, reputation directly influences which providers patients choose to visit. Consistent marketing messages about quality care and positive patient experiences shape public perception over time. Patients increasingly research providers online before making appointments, making reputation management across review platforms essential for practice success. A professional website featuring physician backgrounds, facility information, and patient stories establishes credibility with potential new patients. Local involvement through community health initiatives or event sponsorships builds goodwill while increasing practice visibility. Prospective patients often form their first impression of a practice long before any clinical interaction occurs. Medical practices with solid reputations attract more patients and qualified clinical staff seeking respected work environments.

            Service Awareness and Education

            Patients frequently remain unaware of many services available at medical practices they already visit regularly. Marketing campaigns presenting specialized treatments, technologies, or expanded services help patients understand all available care options. Educational content addressing when to seek care for specific symptoms empowers patients to make appropriate healthcare decisions. Seasonal health communications about topics like flu prevention or sun safety address timely concerns while promoting preventive visits. When patients understand the full range of available services, they make more informed choices about their healthcare needs. Practice revenue becomes more consistent when patients utilize appropriate services based on marketing education. The combination of better-informed patients and optimized service utilization benefits both medical outcomes and practice sustainability.

            Communicating Practice Changes

            The healthcare landscape continuously evolves through provider changes, location expansions, and technological advancements. Marketing creates structured communication channels to inform patients about these developments without causing confusion. New physician announcements help build patient panels quickly when practices expand their medical teams. When practices open additional locations, targeted geographic marketing builds awareness in new service areas. Insurance network changes require clear, timely communication to affected patients to prevent appointment surprises. The introduction of telehealth services depends on effective marketing to achieve patient adoption and utilization. Practices that communicate changes clearly maintain patient confidence during transitions and prevent unnecessary anxiety. Throughout healthcare evolutions, marketing provides the link between practice advancements and patient awareness.

            Measuring Practice Performance

            Marketing activities generate valuable data that shows a practice’s market position and operational performance. Patient satisfaction surveys reveal service strengths and improvement opportunities that might otherwise remain hidden. Website analytics identify which services generate the greatest public interest, helping practices allocate clinical resources appropriately. Campaign tracking metrics connect specific marketing investments to appointment bookings and revenue generation. Understanding referral sources helps practices identify which professional relationships and community connections drive patient growth. Practice leadership makes more informed business decisions when marketing data supplements clinical quality measures. The combination of marketing metrics and clinical outcomes provides full insight into overall practice performance from multiple perspectives.

            HIPAA Marketing Rule

            What Is The Best Secure Email For Healthcare Organizations?

            The best secure email for healthcare organizations provides end-to-end encryption, HIPAA compliance features, business associate agreements, and audit logging capabilities that protect patient information while supporting clinical communication needs. Healthcare providers, payers, and suppliers require email solutions that balance security requirements with usability, ensuring that staff can communicate effectively without compromising patient privacy or regulatory compliance. Finding the best secure email involves evaluating platforms based on encryption methods, integration capabilities, user experience, and total cost of ownership across different organizational sizes and specialties. Medical organizations need email platforms that adapt to healthcare workflows while maintaining strict security standards necessary for protecting sensitive medical information during transmission and storage.

            Security Features That Define Premium Healthcare Email Solutions

            End-to-end encryption is the primary defense in any healthcare email system, ensuring that messages remain protected from departure until they reach intended recipients. The best secure email platforms use military-grade encryption algorithms that make intercepted messages virtually impossible to decode without proper authentication credentials. Well developed encryption protects messages, attachments, embedded images, and metadata that could reveal sensitive patient information to unauthorized parties. Multi-layer authentication adds protection by requiring users to verify their identity through multiple channels before accessing email accounts. Healthcare organizations benefit from authentication systems that combine passwords, mobile devices or security tokens, and sometimes biometric data. This approach prevents unauthorized access even when passwords become compromised through phishing attacks or data breaches at other organizations.

            Message-level security controls allow healthcare organizations to apply different protection levels based on content sensitivity and recipient requirements. Advanced email systems automatically detect when messages contain potential patient information and apply appropriate encryption and access controls. Some platforms can restrict message forwarding, prevent copying, set expiration dates, or require additional authentication for particularly sensitive communications. Digital signatures verify message authenticity and detect any tampering that might occur during transmission, providing legal protection and regulatory compliance benefits. Healthcare communications require proof that messages originated from legitimate sources and arrived unchanged, particularly when dealing with treatment orders, prescription information, or legal documentation. Advanced signature systems create tamper-evident records that support regulatory audits and legal proceedings. Data loss prevention features scan outgoing messages for potential patient information, credit card numbers, social security numbers, or other sensitive data that should not be transmitted through unsecured channels. Top-tier email platforms can automatically encrypt messages containing protected information, redirect them to secure delivery systems, or block transmission entirely when policy violations are detected. These automated protections help prevent accidental privacy breaches that could result in costly regulatory violations.

            Secure message retrieval systems protect recipient access through web-based portals that require authentication and maintain detailed access logs. Rather than sending encrypted attachments that recipients might struggle to open, advanced platforms deliver secure links that guide recipients through authentication processes while ensuring that sensitive content never resides in unprotected email accounts or devices.

            HIPAA Compliance and Regulatory Requirements

            Business associate agreements create the legal foundation for using third-party email platforms in healthcare settings, establishing clear responsibilities for protecting patient information and responding to security incidents. The best secure email providers maintain compliance programs that include regular security audits, staff training, breach response procedures, and documentation systems that support customer compliance efforts. Healthcare organizations should carefully review BAA terms to ensure that email providers accept appropriate liability and provide adequate protection guarantees.

            Audit logging capabilities track all user activities within email systems, creating detailed records of who accessed what information, when messages were sent or received, and how sensitive data was handled throughout its lifecycle. Detailed audit trails support regulatory compliance requirements while helping healthcare organizations investigate potential security incidents, demonstrate privacy protection efforts, and identify areas where additional staff training might be needed. Data retention policies ensure that email communications are preserved for required periods while automatically purging outdated messages to reduce storage costs and privacy risks. Advanced email platforms offer flexible retention settings that accommodate different types of healthcare communications, from routine administrative messages that can be deleted after months to treatment documentation that must be preserved for years.

            Encryption key management systems protect the cryptographic keys that secure healthcare communications, ensuring that authorized users can access necessary information while preventing unauthorized decryption. Advanced key management includes secure key generation, distribution, rotation, and destruction processes that maintain security throughout the email lifecycle. Healthcare organizations benefit from systems that handle key management automatically while providing transparency into security processes. Geographic data controls allow healthcare organizations to specify where their email data can be stored and processed, addressing regulatory requirements that restrict patient information from crossing certain borders. Leading email providers offer data residency options that keep sensitive information within approved geographic regions while maintaining global accessibility for authorized users.

            Incident response procedures establish clear protocols for detecting, investigating, and responding to potential security breaches or privacy violations involving email communications. Premium email providers maintain dedicated security teams that can assist healthcare organizations with breach investigation, notification requirements, and remediation efforts when security incidents occur.

            Integration Capabilities With Healthcare Systems

            Electronic health record integration enables healthcare organizations to send secure emails directly from patient records, appointment systems, and other clinical applications without switching between multiple platforms. Seamless integration maintains clinical workflows while ensuring that all patient-related communications receive appropriate security protection. The best secure email platforms offer APIs and pre-built connectors that simplify integration with popular healthcare software systems.

            Single sign-on capabilities allow healthcare staff to access secure email using their existing network credentials, reducing password fatigue while maintaining strong authentication requirements. SSO integration with healthcare directories and identity management systems ensures that access permissions stay synchronized with employment status and role changes. When staff members leave the organization or change positions, their email access automatically updates to reflect their new status. Mobile device management integration ensures that healthcare staff can access the best secure email from smartphones and tablets while maintaining organizational security policies. Advanced email platforms work with mobile device management systems to enforce password requirements, remote wipe capabilities, and application-level security controls that protect patient information on personal and organizational devices.

            Patient portal integration creates secure communication channels between healthcare organizations and their patients through familiar web-based interfaces. Rather than requiring patients to install special software or learn new systems, integrated portals allow secure messaging through existing patient engagement platforms. This approach improves patient satisfaction while maintaining security standards required for healthcare communications. Appointment system integration enables automatic generation of secure appointment reminders, confirmation requests, and follow-up communications that reduce no-show rates while maintaining patient privacy. Top email platforms can trigger messages based on appointment scheduling, cancellations, or rescheduling events without requiring manual intervention from staff members.

            Directory synchronization keeps user accounts and access permissions aligned with organizational changes, ensuring that new employees gain appropriate access while departing staff lose access to sensitive systems. Automated synchronization reduces administrative burden while maintaining security standards that protect patient information from unauthorized access.

            Interface Design of the Best Secure Email

            Intuitive design reduces training requirements and encourages staff adoption by making secure email feel familiar and easy to use despite advanced security features. The best secure email platforms balance security with usability, ensuring that strong protection measures do not create barriers that discourage proper use or lead to workaround behaviors that compromise security.

            Message composition tools help users create secure communications efficiently while providing guidance about appropriate security levels for different types of content. Advanced platforms can suggest encryption levels, recommend delivery methods, and warn users about potential security risks before messages are sent. Smart composition features reduce the learning curve while ensuring that security best practices are followed consistently. Mobile applications designed for healthcare environments provide full functionality on smartphones and tablets while maintaining security standards appropriate for patient information. Leading email platforms offer native mobile apps that integrate with device security features, support offline access when necessary, and synchronize seamlessly with desktop versions.

            Search and organization features help healthcare staff locate communications quickly without compromising security or privacy protections. Advanced search capabilities can find messages based on content, dates, senders, or security classifications while maintaining audit trails of who accessed what information. Effective organization tools reduce time spent managing email while supporting regulatory compliance requirements. Notification systems alert users to important messages while respecting privacy requirements and organizational policies about off-hours communication. Premium email platforms allow granular control over notification types, delivery methods, and timing to balance urgency with staff wellbeing and patient privacy protection.

            Customization options allow healthcare organizations to tailor email interfaces to match their branding, workflow preferences, and security requirements. Advanced platforms support custom fields, automated signatures, template libraries, and workflow rules that streamline common communication tasks while maintaining consistency and compliance standards.

            Cost Analysis of the Best Secure Email

            Pricing structures for secure healthcare email vary between providers, with options ranging from per-user subscriptions to enterprise licensing agreements that include multiple services and support levels. Healthcare organizations should evaluate total cost of ownership including implementation services, training, ongoing support, and potential integration expenses when comparing different platforms.

            Cloud-based deployment offers several advantages for healthcare organizations, including automatic software updates, scalable infrastructure, and reduced IT management requirements. Leading email providers maintain multiple data centers with redundant systems that ensure high availability while meeting regulatory requirements for data protection and geographic restrictions. On-premises deployment provides maximum control over email infrastructure and data storage but requires substantial IT resources for implementation, maintenance, and security management. Some healthcare organizations choose on-premises solutions to meet regulatory requirements or maintain direct control over sensitive patient information.

            Hybrid deployment models combine cloud convenience with on-premises control, allowing healthcare organizations to keep the most sensitive communications within their own infrastructure while leveraging cloud services for less sensitive email traffic. Hybrid approaches can optimize both security and cost-effectiveness while providing flexibility for different types of healthcare communications. Implementation costs include initial setup, data migration, staff training, and integration work that may be required to connect secure email with existing healthcare systems. Premium email providers offer implementation services that minimize disruption to clinical workflows while ensuring proper security configuration from the start.

            Support and maintenance costs vary between providers and deployment models, with cloud-based solutions including support services in subscription fees while on-premises installations may require separate support contracts. Healthcare organizations should evaluate support quality, response times, and expertise levels when comparing different secure email options.

            Vendor Selection and Evaluation Criteria

            Healthcare experience demonstrates whether email providers understand the unique requirements, challenges, and workflows that characterize medical organizations. The best secure email vendors maintain dedicated healthcare teams, offer industry-specific features, and demonstrate deep knowledge of regulatory requirements that affect healthcare communications. Security certifications and compliance attestations provide third-party validation of vendor security practices and regulatory compliance capabilities. Healthcare organizations should look for vendors with relevant certifications such as SOC 2, HITRUST, or ISO 27001 that demonstrate commitment to security best practices and continuous improvement.

            Financial stability and business continuity planning ensure that secure email services will remain available and supported over the long term. Healthcare organizations depend on reliable communication systems and should evaluate vendor financial health, business model sustainability, and disaster recovery capabilities before making commitments to particular platforms.Customer references and case studies from similar healthcare organizations provide insights into real-world performance, implementation challenges, and ongoing satisfaction with secure email solutions. Leading email vendors can provide multiple references from healthcare customers with similar size, specialty, and regulatory requirements.

            Support quality affects both initial implementation success and ongoing operational effectiveness of secure email systems. Healthcare organizations should evaluate support hours, response times, escalation procedures, and expertise levels offered by different vendors. Some providers offer dedicated support teams for healthcare customers with specialized knowledge of clinical workflows and regulatory requirements. Product development ensures that secure email vendors continue developing features and capabilities that match healthcare needs and regulatory requirements. Premium email providers maintain active development programs that respond to customer feedback, regulatory changes, and emerging security threats that affect healthcare organizations.

            Technology in Healthcare Email Security

            Artificial intelligence integration offers opportunities to enhance secure email through automated threat detection, smart content classification, and intelligent routing that improves both security and efficiency. AI-powered systems can identify potential phishing attempts, automatically apply appropriate security controls based on message content, and learn from user behavior patterns to optimize security without creating workflow barriers. Zero-trust security models are becoming more prevalent in healthcare email systems, eliminating assumptions about network or user trustworthiness and requiring verification for every access request. Zero-trust approaches provide stronger protection against both external threats and insider risks while supporting remote work trends that have become common in healthcare organizations.

            Quantum-resistant encryption addresses emerging threats from quantum computing technologies that could potentially break current encryption methods. Leading email providers are beginning to implement quantum-resistant algorithms that will maintain protection as computing technologies continue advancing over the coming decades.Blockchain technology offers potential applications for email authentication, audit trail integrity, and secure key management that could enhance trust and regulatory compliance in healthcare communications. While still emerging, blockchain-based security features may become important differentiators for secure email platforms serving healthcare organizations.

            Biometric authentication integration provides stronger user verification through fingerprint readers, facial recognition, or voice patterns that are difficult to compromise or share. As biometric technologies become more widespread and affordable, they may become standard features in healthcare email systems that require the highest levels of security. Cloud-native architectures enable secure email platforms to scale more efficiently while maintaining security and compliance standards across different deployment environments. Cloud-native approaches support hybrid and multi-cloud strategies that provide healthcare organizations with greater flexibility and resilience in their communication infrastructure.