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!

The Health Insurance Portability and Accountability Act (HIPAA) is a complicated law that defines the standards for the secure collection, transmission, and storage of protected health information (PHI). When information is stored or exchanged electronically, the HIPAA Security and Privacy Rules require covered entities, i.e., organizations that handle PHI, to safeguard its integrity and confidentiality.

One of the most common ways that PHI is shared electronically is via email, so understanding HIPAA email rules is essential for achieving compliance and protecting sensitive data.

The HIPAA Email Security Rule

It’s important to note that HIPAA does not require the use of any specific technology or vendor to meet its requirements. Generally speaking, the Security Rule requirements for email fall into four categories:

1. Organizational requirements state the specific functions a covered entity must perform, including implementing policies, procedures and obligations concerning business associate agreements (BAAs).
2. Administrative requirements relate to employee training, professional development, and management of PHI.
3. Physical safeguards encompass the security of computer systems, servers, and networks, access to the facility and workstations, data backup and storage, and the destruction of obsolete data and HIPAA email archiving.
4. Technical safeguards ensure the security of email data transmitted over an open electronic network and the storage of that data.

Let’s move on to discussing some of the main requirements that apply to email and the steps you need to take to secure email accounts that transmit and store PHI.

HIPAA Email Rules: Compliance Checklist

While encryption gets most of the spotlight during discussions on email security, the HIPAA email rules, in contrast, cover a range of behaviors, controls, and services that work together to address eight key areas:

1. Access
2. Encryption
3. Backups and Archival
4. Defense
5. Authorization
6. Reporting
7. Reviews and Policies
8. Vendor Management

Let’s look at each aspect of HIPPA’s email rules in greater detail.

1. Access

Access controls help safeguard access to your email accounts and messages. Implementing access controls is essential to keep out unauthorized users and secure your data, with key steps including:

• Using strong passwords that cannot be easily guessed or memorized – and changing them frequently, e.g. every 30 days.
• Creating different passwords for different sites and applications.
• Enabling multi-factor authentication (MFA).
• Securing connections to your email service provider using TLS and a VPN.
• Blocking unencrypted connections.
• Pre-emptively installing software that remotely wipes sensitive email off your mobile device when it is stolen or misplaced.
• Logging off from your system when it is not in use and when employees are away from workstations.
• Emphasizing opt-out email encryption to minimize breaches resulting from human error.

2. Encryption

Email is inherently insecure and at risk of being read, stolen, intercepted, modified, and forged (repudiated). Covered entities should go beyond the technical safeguards of the HIPAA Security Rule and take steps that exceed what is required to futureproof their communications. Email encryption features to adopt include the following:

• The ability to send secure messages to anyone with any email address.
• The ability to receive secure messages from anyone.
• Implementing measures to prevent the insecure transmission of sensitive data via email.
• Exploring message retraction features to retrieve email messages sent to the wrong address.
• Avoiding opt-in encryption to satisfy HIPAA Omnibus Rule.

3. Backups and Archival

HIPAA email rules require copies of messages containing PHI to be retained for at least six years. In light of this, organizations must consider the following:

• How are email folders backed up?
• Are there at least two different backups at two different geographical locations? Additionally, the processes updating these backups should be independent of each other as a measure against backup system failures.
• Have you maintained separate, permanent, and searchable archives? While the emails should be tamper-proof, with no way to delete or edit them, they should be easily retrievable to facilitate discovery, comply with audit requests, and support business-critical scenarios.

4. Defense

Cyber threats against healthcare organizations are continually on the increase. Some may be surprised to learn that HIPAA compliant email rules mandate that organizations take steps to defend against possible malicious actors. With this in mind, consider implementing the following technologies:

• Server-side inbound email malware and anti-virus scanning to detect phishing messages and malicious links.
• Showing the sender’s email address by default on received messages.
• Email filtering software to detect fraudulent messages and ensure it uses Sender Policy Framework (SPF), DomainKeys Identified Mail (DKIM), and Domain-based Message Authentication, Reporting and Conformance (DMARC) information to classify messages.
• Scanning outbound email.
• Scanning workstations for malware, i.e., viruses, ransomware, etc.
• Using plain text previews of your messages.

5. Authorization

A critical aspect of HIPAA’s email rules is ensuring that cybercriminals cannot impersonate your company or employees. Configuring your domains with SPF and DKIM is essential to verify your identity as an authorized sender of mail from your domains. Also, ensure that users cannot send messages through your email servers without authentication and encryption.

6. Reporting

Setting accountability standards for email security is essential to establishing and strengthening your HIPAA compliance posture. Important steps to take include:

• Creating login audit trails.
• Receiving login failure and success alerts.
• Auto-blocking known attackers.
• Maintaining a log of all sent messages.

7. Reviews and Policies

Humans are the greatest vulnerability to any security and compliance plan, so creating policies and procedures that focus on plugging vulnerabilities and preventing human errors is essential. Strategies for reducing risk include:

• Inviting independent third parties to review your email policies and user settings. Fresh, unbiased eyes can discover existing issues quickly.
• Preventing devices that connect to sensitive email accounts from connecting to public WiFi networks.
• Creating email policies prohibiting users from clicking on links or opening attachments that are not expected or requested.

8. Vendor Management

Most companies do not manage their email in-house, so it’s crucial to thoroughly research and vet whoever will be responsible for your email services. Perform an annual review of your email security and stay on top of emerging cybersecurity threats to take proactive action and for continued compliance with HIPAA email rules.

LuxSci’s secure high-volume email and marketing solutions are designed to help healthcare organizations tackle complicated HIPAA email rules and automate the compliance process. Contact us today to learn more about how our industry-leading HIPAA complaint email services can help you better secure your customer PHI and keep you in compliance.