Healthcare providers, payers, and suppliers increasingly rely on email communication for a wide variety of purposes pertaining to their patients’ and customer’s healthcare journeys. However, ensuring email messaging is both effective and HIPAA compliant requires the right infrastructure, including dedicated environments, high throughput and low latency, end-to-end encryption, scalability and compliance monitoring.

The Health Insurance Portability and Accountability Act’s (HIPAA) regulations mandate a series of data security and privacy requirements to safeguard the electronic protected health information (ePHI) contained in emails, which is a good place to start. At the same time, however, healthcare organizations must also consider deliverability best practices to ensure their messages successfully reach the intended recipients. 

With all this in mind, this post discusses the infrastructure requirements for HIPAA compliant email. We’ll explore the differences between transactional and marketing emails, as well as infrastructure and compliance considerations for each. 

What Are Transactional Emails?

Transactional emails are messages that correspond to a previous interaction between a healthcare organization and an individual. A patient or customer will trigger the delivery of a transactional email by taking a specific action – with the transaction email being confirmation of the action.  

Examples of transactional emails include:

• Explanation of Benefits
• Billing statements
• Invoices
• Appointment confirmations and reminders
• Order updates and shipping notifications
• Password resets and security notifications
• Plan renewal confirmation 
• Payment failure notifications
• In-home care communications

Healthcare companies can also use transactional emails to communicate relevant instructions, next steps, or follow-up actions.

What Are Marketing Emails?

Marketing emails contain content designed to influence the recipient into taking a particular action, usch as ordering a new product or sign up for a new service. Subsequently, they often contain informational materials intended to educate the individual so they can make a more informed decision. 

Examples of marketing emails include:

• New product or service launches
• Promotional offers
• Loyalty reward notifications 
• Customer reviews and testimonials 
• Educational materials or campaigns 
• Preventative care outreach
• Event Invitations
• Re-engagement messages (e.g., “We Miss You!..”)

With the proper data safeguards and the effective use of ePHI, marketing emails can be personalized to be made more relevant to the recipient. This then allows patients or customers to be segmented into subgroups according to particular commonalities, e.g., age, gender, lifestyle factors, medical conditions, etc.

Opt-in Rules for HIPAA-Compliant Email Communication 

One significant difference between marketing and transactional emails is that recipients must explicitly opt-in to receive marketing emails. 

HIPAA requires explicit patient consent for marketing emails if they contain ePHI, requiring individuals to opt-in to receive email marketing communications from a healthcare organization. Neglecting to allow people to opt-in to your marketing communications leaves your company open to the consequences of HIPAA non-compliance, which include financial penalties and reputational damage. 

Conversely, healthcare organizations aren’t required to obtain opt-ins to send transactional emails, but these communications are still subject to other HIPAA regulations, such as encryption and audit logging. 

Additionally, marketing emails must comply with the CAN-SPAM Act: US legislation that governs commercial email communication and protects individuals from deceptive sales and marketing practices. The CAN-SPAM Act requires healthcare organizations to provide an opt-out mechanism in the event they no longer wish to receive marketing emails. Subsequently, you must always allow individuals to opt out of marketing emails to stay compliant.

Email Infrastructure Requirements For HIPPA-Compliance

As the vast majority of healthcare organizations need to send marketing and transactional emails, they must have the appropriate infrastructure to facilitate the optimal delivery of both types of emails. Consequently, for HIPAA compliant email, they need to establish the appropriate infrastructure configurations for each, according to their differing purposes, sending patterns, and compliance considerations. 

Let’s look at the infrastructure requirements for each email type in turn, before looking at considerations that pertain to both types of email.

Key Transactional Email Infrastructure Considerations

Transactional emails are sent to a sole patient or customer, with the information therein only intended for that specific individual. Additionally, they can be highly time-sensitive: for example, a password reset or similar emails related to logins and service use must be immediate, while order confirmations need to be delivered ASAP to reassure clients of a company’s reliability and trustworthiness. 

Accounting for this, the infrastructure requirements for transactional emails include: 

• High Speed and Low Latency: servers that are optimized  for high IOPS (input/output operations per second) and minimal processing delays to ensure near-instant delivery
• Dedicated IPs: this helps healthcare companies maintain a strong sender reputation to avoid blacklisting, being labelled as spam, etc. This is crucial for reliable, fast delivery. 
• High Availability and Redundancy: this includes load balancers, failover servers, and geographically distributed data centers to ensure comprehensive disaster recovery and more robust business continuity protocols.  

Key Marketing Email Infrastructure Considerations

In contrast to transactional messages, marketing emails must often be sent out in high volumes, which could be as many as hundreds of thousands or millions per month. As a result, marketing email campaigns have different computational demands, i.e., CPU and storage, than transactional messages intended for a single person. 

Subsequently, the infrastructure requirements for marketing emails include: 

• High Volume and Scalability: marketing messages require a larger throughput to facilitate the bulk delivery of email. Additionally, servers should scale easily to accommodate increasingly larger campaigns without suffering bottlenecks.
• Queueing and Throttling: marketing email infrastructure must prevent sending surges that could trigger spam filters or overload recipient servers, which often results in blacklisting. 
• Dedicated vs. Shared Infrastructure: it’s important to consider whether to opt for private versus shared infrastructure, depending on the size of your organization and the scale of your campaigns. Large senders often use dedicated IPs for better control, while smaller companies or campaigns might use shared pools with strict sender reputation management.

Key Infrastructure Considerations for Both Types of Email

Lastly, there are infrastructure requirements that apply to both types of email that will help facilitate their fast and reliable delivery, respectively. These include:     

• Separate Infrastructure: consider hosting your transactional and marketing emails on separate servers. This benefits transactional emails in particular, as there are several factors inherent to marketing email campaigns, such as bounced emails and being flagged as spam, that affect an email IP’s reputation. Separate infrastructure maintains the integrity of a healthcare company’s IP address for transactional emails, ensuring they are delivered unimpeded. 
• Encryption: the ePHI in all email communications must be encrypted in transit, i.e., when sent to individuals, and at rest, i.e., when stored in a database. This helps safeguard the patient data within the message, regardless of its nature. 
• HIPAA Compliance Monitoring: remaining aware of what ePHI is included in email communications. This keeps data exposure to a minimum and mitigates the unintentional inclusion of patient data in email communications. 
• Logging and Auditing: this not only allows you to track email activity, but you also can measure the efficacy of your email communications, who accessed ePHI, and what they did with it. This is an essential part of HIPAA compliance and will be subject to tighter regulation when the updates to HIPAA’s Security Rule come into effect in late 2025. 

HIPAA-Complaint Email Solutions From LuxSci

LuxSci offers HIPAA compliant email solutions designed to optimize the reliability and deliverability of both transactional and marketing emails.

LuxSci’s Secure High Volume Email solution offers:

• Dedicated, high-performance infrastructure to ensure fast and reliable delivery.
• Scalable infrastructure for high-volume email campaigns, ensuring reliability even as sent emails venture into the hundreds of thousands or millions.
• Dedicated IPs and reputation management tools to prevent blacklisting and deliverability issues.
• Logging, tracking, and audit trails for HIPAA compliance and security monitoring.

LuxSci’s Secure Email Marketing platform provides: 

• Hypersegmentation for personalized patient and customer engagement.
• Detailed tracking and reporting capabilities for performance monitoring and compliance auditing.
• Automated campaign scheduling for reduced administrative overhead.
• Opt-in and list management tools to ensure compliance with HIPAA and CAN-SPAM.

Discover how our solutions can meet your evolving email infrastructure requirements today.

Yes, you can send protected health information (PHI) under HIPAA through email when using appropriate security measures and compliant email systems designed to protect protected health information during electronic transmission. Sending PHI through email requires encryption, access controls, audit logging, and other safeguards that meet regulatory standards for protecting patient information in digital communications. Healthcare providers, payers, and suppliers can transmit protected health information via email when they implement proper security protocols and use compliant email platforms. Understanding how to send HIPAA through email safely helps organizations maintain regulatory compliance while conducting routine business communications and patient care coordination activities.

Security Requirements for Sending HIPAA Through Email

Sending PHI through email requires end-to-end encryption that protects messages and attachments from unauthorized access during transmission and storage. Healthcare organizations cannot use standard email platforms like Gmail, Yahoo, or Outlook for transmitting protected health information without additional security measures. Encryption protocols transform readable text into coded format that only authorized recipients can decrypt and access. uthentication mechanisms verify the identity of both senders and recipients before allowing access to encrypted email content. Digital certificates provide additional verification that messages originated from legitimate healthcare organizations and have not been tampered with during transmission. Secure transmission protocols protect email communications from interception by unauthorized parties during delivery to intended recipients.

Permitted Uses When Sending HIPAA Through Email

Healthcare organizations can send HIPAA through email for treatment, payment, and healthcare operations without obtaining patient authorization. Treatment communications include sharing patient information between healthcare providers involved in care coordination, referrals, and consultation activities. Payment-related emails may include billing information, insurance claims, and financial communications with patients or payers. Healthcare operations encompass quality improvement activities, staff training materials, and administrative communications that support patient care delivery. Patient communications via secure email may include appointment reminders, lab results, and discharge instructions when appropriate safeguards are implemented. For business associate communications, HIPAA through email is permissible when vendors have signed the appropriate agreements and maintain compliant systems.

Prohibited Practices When Sending HIPAA Through Email

Regular email platforms without encryption cannot be used for sending HIPAA through email due to inadequate security protections. Healthcare organizations cannot send protected health information via text message, social media platforms, or other unsecured digital communication channels. Forwarding encrypted emails to non-compliant systems compromises security and violates HIPAA requirements. Sending protected health information to unauthorized recipients constitutes a privacy violation regardless of the security measures used. Healthcare staff cannot use personal email accounts for work-related communications involving patient information. Storing protected health information in unsecured cloud storage systems or sharing login credentials for secure email accounts creates compliance risks and potential security breaches.

Technical Implementation for HIPAA Through Email

Healthcare organizations implementing systems for sending PHI through email need secure email gateways that integrate with existing IT infrastructure. These systems automatically encrypt outgoing messages containing protected health information and provide secure delivery mechanisms for recipients. Message encryption occurs before transmission, ensuring that sensitive content remains protected throughout the delivery process. Recipient verification systems confirm that emails reach intended recipients and prevent unauthorized access to protected health information. Secure message retrieval processes may require recipients to authenticate their identity before accessing encrypted content. Audit logging capabilities track all email activities, including message transmission, recipient access, and any forwarding or reply activities involving protected health information.

Staff Training for HIPAA Through Email Compliance

Healthcare organizations must train staff on proper procedures for sending HIPAA through email and recognizing when additional security measures are needed. Training programs cover identification of protected health information, appropriate use of secure email systems, and policies for handling patient communications. Staff members learn to distinguish between communications that require encryption and those that can use standard email platforms. Policy education includes guidelines for password management, secure login procedures, and incident reporting requirements when security concerns arise. Regular refresher training keeps staff updated on changing regulations and organizational policies for email security. Competency assessments verify that staff members understand their responsibilities when handling protected health information in email communications.

Compliance Monitoring and Risk Management

Healthcare organizations need ongoing monitoring programs to ensure that practices for sending HIPAA through email remain compliant with regulatory requirements. Regular audits review email security configurations, user access controls, and compliance with organizational policies. Risk assessments identify potential vulnerabilities in email systems and communication processes that could lead to privacy violations. Incident response procedures address potential security breaches or unauthorized disclosures involving email communications. Documentation requirements include maintaining records of security training, policy updates, and compliance monitoring activities. Organizations benefit from establishing clear accountability structures and regular review processes that demonstrate ongoing commitment to protecting patient privacy in all email communications involving protected health information.