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.

Growing numbers of healthcare organizations are turning to Customer Data Platforms (CDPs) to consolidate and leverage patient data (or electronic protected health information (ePHI) from electronic health record (EHR) systems, RCM platforms, CRM systems, websites, communications channels, and other various sources. 

CDPs enable healthcare providers, payers, and retailers to better understand each patient’s needs, health conditions, treatment schedules, ongoing care, and so on, enabling them to take the right actions, at the right time to improve engagement. This results in more patient participation, enhanced coordination with providers and companies, and, ultimately, improved patient outcomes.

Why Should You Integrate CDPs and Email?

Integrating the functionality of a CDP with a HIPAA compliant email platform, such as LuxSci, empowers you to put your data into action. This includes enabling you to better target your various segments using real-time communications data – such as email opens, clicks and conversions – as well as using PHI in secure messages for greater personalization – all while operating within the bounds of HIPAA (the Health Insurance Portability and Accountability Act) regulations. 

With this in mind, this post discusses the benefits of integrating your organization’s CDP solution with a HIPAA compliant email solution. We’ll explore the main benefits and how to integrate the two solutions, as well as several effective strategies for leveraging the valuable PHI stored within your CPD to increase patient and customer engagement.

Benefits of Integrating a CDP with HIPAA Compliant Email

Let’s begin by looking at the main advantages of pairing your CDP with a HIPAA compliant email platform.

Increased Protection of Customer Data

Above all, HIPAA compliant email platforms are specifically designed with the stringent data privacy and security requirements of the healthcare industry in mind. As a result, they contain a range of data security features, including encryption, access control, user authentication, and audit logging, that both better safeguard ePHI from unauthorized access and ensure HIPAA compliance. In short, HIPAA compliant email helps ensure that when valuable and sensitive CDP information is put into use, i.e. using it in patient emails and communications, it’s protected and safe both in transit and at rest.

Avoid the Consequences of HIPAA Violations

By opting for an email provider that meets the security requirements for HIPAA compliance – and better yet, HITRUST certification – your company can better mitigate the risk of data breaches, and the compliance violations that accompany them. The consequences of HIPAA compliance violations include: 

• Financial penalties: this includes regulatory fines, legal fees and compensation to affected parties, and state-level fines (in certain cases). In the event that compliance officers can prove willful neglect, your company may even face criminal charges, incurring further damage.  
• Operational disruptions: suffering a security breach requires healthcare organizations to spend time on containment and notifying and reassuring affected parties, as well as taking subsequent mitigation efforts – all of which take time away from running the day-to-day business.
• Reputational damage: displaying an inability to safeguard sensitive data will cause patients and customers to lose trust in your organization and move to other providers or suppliers.

Enhanced Personalization in Engagement Efforts

With ongoing uncertainty around HIPAA regulations, healthcare companies are often reluctant to include PHI in their email communications and campaigns, missing opportunities to fully leverage your CDP to create more effective, more relevant messages, targeting highly segmented audiences. Safe in the knowledge that customer data derived from your CDP will be secured by your HIPAA compliant email provider or HIPAA compliant marketing solution, you can confidently include PHI in communications to craft more personalized – and potent – engagement opportunities.  

The data aggregated by CDPs can be used to divide, or segment, customers into smaller groups with particular commonalities, such as a health condition like diabetes, or users of a particular type of medical equipment. Healthcare marketers can use the shared needs and problems of each patient or customer segment to drive more effective and targeted campaigns that deliver more opens, clicks, and conversions.

Strategies for Leveraging Customer Data Through CDP and Email Integration

Having a better understanding of the benefits of CDP integration with your email communications, let’s move on to a few of the most effective ways to leverage your customer data through a HIPAA compliant, secure email services provider (ESP).

Segmenting Customers by Health Condition or Risk Profile

The first strategy, as alluded to above, is to use the health-oriented data stored in your CDP to group customers into segments that you can target with highly personalized messaging – using PHI to your advantage. Segmentation could be based on health conditions, such as demographics, location, or by a patient’s lifestyle risk factors, e.g., smokers. 

Having defined your segments, you can create personalized email campaigns for each, which are far more likely to drive engagement and actions versus messages designed to appeal to everyone or with limited information. Better still, you can create different email campaigns to fulfill different purposes with automated workflows based on how your patients respond, giving you a range of opportunities to reach out and connect. Using intelligence from your CDP, you can design your email campaigns to:

• Educate: send patients and customers educational materials designed to increase their understanding of their state of health and the options available to them for creating the most favorable outcomes. 
• Offer adherence advice: include information on how to best adhere to a prescribed care or treatment plan, resources on overcoming common challenges, where to go for support, etc. 
• Provide preventive care tips: help patients who fit a particular risk profile, such as diabetes or heart disease, make better lifestyle choices, with the ultimate aim of avoiding the disease they’re at risk of. 

Lifecycle-Based Messaging

This is a variation on the above strategy that segments patients and customers based on how far along they are in their treatment lifecycle, for instance: 

• Onboarding: messaging that introduces your services, explains how to access care, and covers other preliminary details; this stage is essential for setting expectations and establishing trust with your patients and customers.
• Active Treatments: regular check-ins, medication reminders, preparation guides, and educational resources based on their condition or treatment plan; this messaging is designed to support adherence and improve healthcare outcomes.
• Follow-Up and Recovery: personalized care instructions, satisfaction surveys, or information about next steps; this shows ongoing support and maintains consistent communication when a patient may be feeling most vulnerable. 
• Preventive and Long-Term Care: triggering routine screening reminders, vaccine alerts, or wellness tips based on age, history, and risk factors; an integrated CDP and email system can track when patients are due for services and automate communication accordingly.
• Re-engagement: sending patients who have been inactive for a while tailored prompts, e.g., “We haven’t seen you in a while…”; this encourages proactivity and helps highlight new services that may be of interest.

Behavior-Triggered Messaging

Integrating your CDP with a HIPAA compliant email platform enables you to automate email delivery and workflows based on a customer’s behavior and engagement patterns. This type of email is enabled by the CDP’s ability to monitor events and behaviors across multiple activities and locations, enabling you to create email campaign strategies and workflows accordingly. This approach allows for a range of timely and relevant engagement opportunities, including: 

• Missed appointments: sending a message if a patient misses an appointment that encourages them to reschedule and assists them in how to do so. 
• Periodic checkup reminders: similarly, if a patient is supposed to have regular checkups, follow-up appointments, a recommended health screening, etc., this data can be passed from the CDP to the email client to schedule automated emails that drive up appointment bookings.  
• Unfilled prescriptions: if a patient hasn’t picked up their prescribed medication, you can automatically trigger an email reminder and automated workflow to get the prescription filled; this information can also be fed back to their healthcare providers if repeated reminders see the prescription remain unfilled. 
• Patient portal inactivity: if a user hasn’t logged into a portal for a predefined time frame, this can prompt a re-engagement email encouraging them to check messages in their portal, view test results, etc. 
• Form completion: after inputting data into a web form, an integrated CDP can help facilitate the delivery of a tailored email that offers guidance on next steps or the most relevant products or services based on given answers.

Implement Feedback Loops for Optimized Engagement

Finally, a key benefit of integrating a CDP with a HIPAA compliant email platform is that it enables you to close the loop between engagement and results. By feeding campaign performance data, such as email opens, clicks, conversions, and other key metrics, back into your CDP, you can continuously refine your email outreach strategies to enhance engagement, while developing a more complete data profile of patients and customers.

Put Your CDP into Action with LuxSci Secure Email

Integrating HIPAA compliant communications solutions like LuxSci with your healthcare organization’s CDP empowers you to securely harness your customer data in email communications for consistent, timely, and relevant engagement – for better health outcomes and better business. 

To learn more about LuxSci’s suite of secure HIPAA compliant communication solutions and how we seamlessly integrate with leading CDP solutions to improve engagement, contact us today!