LuxSci

Menu
Contact us
Login

Signing a BAA Does Not Automatically Make You HIPAA Compliant

HIPAA Compliant Email

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.

            Picture of Pete Wermter

            Pete Wermter

            As a marketing leader with more than 20 years of experience in enterprise software marketing, Pete's career includes a mix of corporate and field marketing roles, stretching from Silicon Valley to the EMEA and APAC regions, with a focus on data protection and optimizing engagement for regulated industries, such as healthcare and financial services. Pete Wermter — LinkedIn

            Get in touch

            Find The Best Solution For Your Organization

            Talk To An Expert & Get A Quote




            A member of our staff will reach out to you

            Follow us on LinkedIn

            Search

            Search

            Category

            Recent Posts

            Get Your Free E-Book!

            LuxSci High Email Deliverability Best Practices Paper

            What you’ll learn:

            • How to opitmize email performance
            • Key strategies to increase email deliverability rates
            • How email deliverability impacts marketing ROI
            Get Free Ebook

            Related Posts

            HIPAA Compliant Email

            Here’s What HIPAA Compliant Email Salespeople Don’t Tell You

            With email security threats continuously increasing in number and sophistication, as well as healthcare companies requiring secure solutions to communicate with patients and customers, the need for HIPAA compliant email solutions has never been greater. 

            However, when looking for the right secure email services provider (ESP), healthcare organizations run the risk of making inaccurate assumptions about HIPAA compliance via what they learn from prospective vendors. This is due to the tendency for sales materials for HIPAA compliant email services, such as web pages or promotional videos, to highlight the strengths of the platform, while downplaying a healthcare company’s own role and responsibilities in securing protected health information (PHI). 

            With this firmly in mind, here are six key things that HIPAA compliant email salespeople don’t tell you about securing communications and achieving compliance. 

            1. The Shared Responsibility Model

            Firstly, HIPAA compliant email salespeople are unlikely to emphasize the idea of shared responsibility when it comes to data security. This is the idea that two entities that share access to data, e.g., a healthcare company and their ESP, have a shared responsibility to preserve the privacy of that data.

            In reality, most sales pitches explain the benefits and features of the solution, as opposed to stressing that compliance truly depends on how it’s configured and used. Now, that’s not to say that a salesperson is trying to hide this fact, as they’ll probably allude to training and configuration requirements. But, they’ll be less likely to make light of this and, more broadly, how shared responsibility factors into compliance.

            2. A BAA Doesn’t Automatically Make You HIPAA Compliant

            A business associate agreement (BAA) is essential for HIPAA compliance, but signing one doesn’t automatically make you compliant. Your organization still has to use the email delivery solution in a way that aligns with HIPAA regulations, which involves proper configuration, training, oversight, and reporting.

            The misconception among some healthcare companies that a BAA equals compliance may be perpetuated by the term “HIPAA compliant email services provider”.  This could give some the impression that the vendor is fully HIPAA compliant and, subsequently, in signing a BAA with them, the use of their services is fully compliant.

            But, it’s not that simple.

            Simply signing a BAA obscures the real effort involved in achieving compliance. There’s no official HIPAA seal of approval, and HIPAA compliant means that the solution is capable of being configured for compliant use, which is a shared responsibility. HIPAA compliant email salespeople are unlikely to volunteer this nuance, especially if their email solution requires considerable configuration or has a steep learning curve to use it securely.

            3. Not All Solutions or Features Are HIPAA Compliant

            Another key detail often underplayed by vendor sales materials of HIPAA compliant email solutions is that some of their features, or even entire services, aren’t covered by their BAAs, so they can’t be used to handle PHI. 

            These tools are referred to as “out of scope” and may include tools capable of integration with the email service, such as analytics or AI capabilities, but they don’t possess the cyber risk mitigation measures that align with HIPAA regulations. Perhaps the main reason for this is that many mass-market email delivery solutions, such as Microsoft 365 or Google Workspace, are designed for companies across all sectors. Consequently, while they can be HIPAA compliant, they weren’t developed from the ground up with the stringent regulatory demands of the healthcare industry in mind.

            4. Solutions Are Not HIPAA Compliant “Out of The Box”

            HIPAA compliant email salespeople may suggest that compliance is built into their platform, and healthcare organizations can use it to transmit PHI straight away, but this isn’t the case. Healthcare companies must still configure the email platform accordingly, as per the security requirements determined by their risk assessment, e.g., applying the right level of encryption. 

            Also, if the email service is difficult to configure for HIPAA compliance or if the vendor’s configuration documentation lacks detail, that presents another obstacle to its compliant use. 

            In addition to configuration, healthcare companies also have to implement access management controls and policies, establishing the extent to which each employee can access PHI in respect to their roles and responsibilities. From there, they will have to train their workforce on how to use the HIPAA compliant email solution securely, which may include those tools that fall outside the scope of your BAA with the vendor, and must not be used for the disclosure of patient data.

            5. Essential Security Features Cost Extra 

            Another more egregious version of an ESP not being HIPAA compliant out of the box is having features required for compliance, such as encryption or audit logging, as premium add-ons and not included in the solution’s base pricing. 

            A vendor’s sales materials for its email service might list the necessary safeguards, but underemphasize the fact that only some versions of their platform are truly HIPAA compliant. Consequently, healthcare companies must confirm that the features required for HIPAA compliant email communications are included in the plan they’re purchasing. 

            6. The Importance of Staff Training on HIPAA

            HIPAA compliant email salespeople are often remiss in stressing the need for additional workforce training alongside the deployment of their platform. A healthcare company’s employees must be trained on how to securely use the email client, how to ID potential threats, and best practices for including PHI in email communications, as well as the regulations tied to HIPAA and data security.

            This includes educating users on the differences between regular and secure email, and what they must do to safeguard patient and customer data. Fortunately, secure email solutions from providers like LuxSci enable automated email encryption, and users do not need to take any additional actions to ensure encryption when sending emails.

            Additionally, in some cases, employees will need to be trained on which tools or features do not align with HIPAA guidelines and must not be used to process PHI.

            LuxSci: Fully HIPAA Compliant – No Hidden Surprises

            LuxSci specializes in solutions that enable companies to carry out secure, personalized, and HIPAA compliant email communications and campaigns. With more than 20 years of experience and billions of emails sent for companies including Athenahealth, 1 800 Contacts, Lucerna Health and Rotech Healthcare, we’ve acquired invaluable experience in helping healthcare organizations enhance their engagement efforts, all while adhering to HIPAA regulations. In addition, LuxSci’s secure high-volume and marketing email solutions feature HIPAA-required security controls, including encryption, audit logging, and multi-factor authentication (MFA) by default, not as optional, hidden extras.

            Contact us today to learn more about how LuxSci’s secure email solutions can help increase the ROI on your patient and customer outreach efforts, while safeguarding PHI in line with HIPAA requirements.

            Read More
            MailHippo HIPAA compliant

            Is Mailhippo HIPAA Compliant?

            MailHippo is considered HIPAA compliant when healthcare providers use a paid plan or 30-day free trial, sign a BAA, and enable the required security settings. As a result, MailHippo HIPAA compliant usage is only possible when all of these conditions are met. The cloud-based encrypted email service provides secure messaging for healthcare providers handling PHI, though considerations should be made in areas such as administrative controls, audit logging, and integration options. Healthcare providers considering MailHippo for patient communications should examine its security capabilities alongside potential workflow capabilities before making a decision on implementation.

            Email Security Requirements Under HIPAA

            Healthcare email systems handling PHI must satisfy federal privacy regulations through encryption, access controls, and audit capabilities. Data encryption during transmission prevents unauthorized interception of patient information traveling across public networks. Storage encryption protects archived messages containing health data while they reside on email servers. Access restrictions ensure that only authorized personnel can view patient communications relevant to their job responsibilities.

            Audit controls track who accesses email systems, what messages they view, and when these activities occur. Integrity safeguards prevent unauthorized modification or deletion of patient communications that might compromise medical records or compliance evidence. Business associate agreements create legal frameworks defining how email service providers protect patient information and respond when security incidents occur.

            Consumer email platforms lack typically these protections in their standard configurations, creating compliance vulnerabilities when healthcare providers use them for patient communications. For example, Gmail, Outlook, and Yahoo Mail were designed for general business use rather than regulated healthcare environments. To summarize, healthcare organizations benefit from email services that implement HIPAA security requirements by design rather than requiring complex manual configurations that might be implemented incorrectly.

            The MailHippo Service Model

            MailHippo positions itself as a straightforward encrypted email solution for professionals in regulated industries including healthcare, legal, and financial services. The cloud-based platform eliminates time-consuming software installation requirements, allowing users to send secure messages through web browsers without downloading applications. This simplicity appeals to solo practitioners and small medical practices that lack dedicated IT support staff.

            Independent healthcare providers, small medical offices, mental health professionals, and insurance consultants represent the service’s primary user base. These smaller operations value ease of use over advanced features, preferring solutions that deliver basic security without complicated setup and user procedures. It’s important to note that MailHippo delivers encrypted messages to recipients through secure web portals rather than standard email clients, creating protected communication channels that don’t require recipients to install special software.

            The MailHippo service model focuses on one-to-one secure messaging rather than bulk communications or automated workflows. Healthcare providers send individual messages to patients or colleagues through encrypted channels that protect information during transmission and storage. Recipients receive notifications that secure messages await them in web portals where they can view content after authentication. This approach works for routine patient communications but may not support more complex healthcare communication needs. For larger organizations that prefer users staying within a dedicated email application or need high volume sending, several HIPAA compliant alternatives exist, including LuxSci.

            MailHippo’s HIPAA Compliant Encryption and Security Features

            MailHippo features transport encryption using TLS protocols, protecting messages during transmission between email servers, and preventing interception while communications travel across networks. AES-256 encryption secures stored messages, ensuring that archived communications remain protected if servers are compromised. The combination of transmission and storage encryption addresses HIPAA requirements for protecting ePHI throughout its lifecycle.

            Recipient access through secure web portals eliminates the vulnerabilities associated with delivering encrypted content through standard email clients. Patients and healthcare providers authenticate themselves before viewing message content, creating additional security layers beyond basic encryption. Using a portal-based approach reduces exposure through compromised email accounts or insecure devices that might not maintain proper security configurations.

            Authentication requirements mandate that users log in before sending or receiving messages, preventing unauthorized access to patient communications. MailHippo supports two-factor authentication (2FA), but the company’s documentation doesn’t clearly spell out which MFA methods are available or whether organizations can enforce MFA for all users. Healthcare entities that require strong authentication factors, such as hardware tokens or biometrics should confirm these details directly with the vendor.

            Delivery and read receipts provide tracking information about message transmission and recipient access. These receipts confirm that messages reached intended recipients and document when recipients viewed content. The tracking capabilities, while useful for confirming communication delivery, lack the detailed audit logging that larger healthcare organizations likely need for compliance and security investigations.

            Third-Party Email Provider Contract Requirements

            Federal regulations classify email service providers handling PHI as business associates subject to HIPAA compliance obligations. Healthcare entities must execute written agreements with these providers defining responsibilities for protecting patient data and responding to security incidents. Without signed BAAs, email communications containing patient information violate HIPAA regardless of encryption or other security measures implemented.

            MailHippo HIPAA compliant email requires executed business associate agreements between the service provider and healthcare organizations. The company offers these agreements to paying and free trial customers who specifically request them. However, long-term free subscription plan users cannot obtain business associate agreements, making those accounts unsuitable for transmitting protected health information even when encryption features are enabled.

            Business associate agreements specify encryption standards, incident notification timelines, and procedures for handling patient data when service relationships terminate. These contracts allocate liability between healthcare organizations and email providers, protecting organizations from financial exposure when security breaches that result from provider negligence. Agreement terms should address data retention requirements, geographic restrictions on information storage, and secure deletion methods when retention periods expire.

            Healthcare organizations implementing MailHippo HIPAA compliant solutions must verify that executed agreements cover all anticipated uses of the platform. Agreements should explicitly permit transmission and storage of PHI while defining what security measures the provider maintains. Without proper agreements in place, healthcare organizations assume full liability for any security incidents involving patient communications transmitted through the platform.

            Administrative Control & Potential Limitations

            User management capabilities determine how healthcare organizations control access to email systems and enforce security policies across multiple staff members. Role-based permissions enable organizations to grant different access levels to physicians, nurses, administrative staff, and billing personnel based on their job functions. Centralized administration consoles allow IT staff or practice managers to oversee all user accounts, modify permissions, and review security concerns from a single interface.

            MailHippo HIPAA compliant implementations may lack the administrative tools that larger healthcare organizations require, including managing large numbers of users. The platform does not provide role-based permission structures that restrict access based on job functions or patient care relationships. Centralized dashboards for overseeing user activities across organizations are absent, making it more difficult for administrators to monitor security compliance or identify potential policy violations.

            Integration & Workflow Considerations

            Healthcare communication workflows rely heavily on integration between email systems, electronic health records, practice management software, and patient engagement platforms. Automated workflows reduce administrative burden while ensuring consistent security practices across all patient communications. API connectivity enables different healthcare applications to exchange information seamlessly without requiring manual data transfer, which increases the risk of human error.

            While MailHippo publishes an email API, it does not offer ‘out-of-the-box’ integration capabilities with electronic health record systems or practice management platforms. As a result, healthcare organizations cannot automatically populate patient communications with appointment information, test results, or treatment updates from their clinical systems without technical integration work.

            Marketing automation and bulk communication capabilities do not exist within the MailHippo service model, which is designed for individual message transmission. Healthcare organizations conducting patient outreach, appointment reminders, or health education campaigns need alternative solutions for these activities. The focus on one-to-one messaging limits the platform’s utility for organizations with diverse communication requirements high-volume sending needs beyond routine secure messaging.

            Appropriate Use Cases and Organizational Fit

            Solo practitioners and small medical practices with straightforward communication needs represent ideal candidates for MailHippo HIPAA compliant email. These organizations likely value simplicity over advanced features, preferring solutions that deliver basic security without requiring technical expertise to configure and maintain. Single physicians or therapists communicating with individual patients benefit from the portal-based secure messaging that protects patient information without complicated setup procedures.

            Healthcare providers requiring only basic one-to-one secure messaging without forms, complex integrations, or user management can operate effectively within the platform’s capabilities. For example. mental health professionals conducting therapy practices, independent consultants providing healthcare advice, and small specialty clinics with limited communication volumes fit the service model well.

            Larger healthcare organizations, multi-location practices, and operations with complex communication requirements and workflows will find the platform’s limitations constraining. Organizations needing multiple user tiers, departmental segregation, or centralized administration lack the tools necessary for managing these structures. Healthcare systems requiring electronic health record integration, automated workflows, or bulk communication capabilities often need more comprehensive email security platforms than MailHippo HIPAA compliant setups can provide.

            Implementation and Compliance Verification

            Now, it’s important to note that healthcare organizations implementing secure email must verify that all HIPAA requirements are satisfied before transmitting PHI. Proper configuration helps ensure that encryption activates properly, access controls function as intended, and audit logging captures necessary security events. In addition, business associate agreement execution creates legal frameworks before any patient data flows through email systems.

            As with any ESP for healthcare, organizations adopting MailHippo HIPAA compliant email should document their compliance measures, including executed agreements, security configurations, and staff training records. Documentation demonstrates due diligence during regulatory audits while providing evidence that organizations took appropriate steps to protect patient information. Policy development establishes guidelines about what information can be transmitted via email and what alternative communication methods should be used for particularly sensitive content.

            Staff training prepares healthcare workers to use secure email systems properly while maintaining patient privacy throughout communications. Training should cover portal access procedures, recipient verification methods, and appropriate content guidelines that prevent inadvertent disclosures. Documented training records prove that organizations educated staff about security requirements before granting email system access.

            Finally, periodic security assessments verify that email systems continue meeting compliance requirements as technology and threats evolve. Assessment schedules should include configuration reviews, access control testing, and verification that business associate agreements remain current. Healthcare organizations relying on MailHippo HIPAA compliant workflows must treat email security as an active process rather than a one-time setup, maintaining vigilance about vulnerabilities and regulatory changes.

            If you’d like to learn more, reach out to us today!

            Read More
            HIPAA compliant email

            HIPAA Compliant Email Use Cases for Healthcare Retailers

            Today’s digital-first consumers expect the same convenience and personalization from their healthcare providers that they get from their favorite retailers and service providers. However, unlike companies in other sectors, there’s far less room for error for healthcare organizations, especially when it comes to privacy and data security. 

            Whether a local pharmacy, online provider of glasses, a wellness store, or a nationwide retail health clinic, the key to building long-term loyalty and ensuring trust with your customers lies in trusted, meaningful communication that’s timely, relevant – and, above all, secure.

            As a result, HIPAA compliant email is a strategic component for reliable and effective communication with your customers.

            But, what about HIPAA?

            Far from being a roadblock, HIPAA compliance is actually an enabler for retail healthcare brands that want to deliver more personalized, more targeted messaging without putting customer trust, or their sensitive personal data, at risk.

            In this post, we dive into the most impactful email use cases for retail healthcare providers, as well as how deploying a secure email delivery platform like LuxSci can unlock more meaningful engagement, greater loyalty, and accelerated growth for your company.

            Why Email Remains a Top Channel for Retail Healthcare

            Email Is Everywhere – Because It Works

            Email isn’t just for work or spam folders. It’s the preferred communication channel for tens of millions of health-conscious consumers across all demographics. People are accustomed to receiving alerts from their pharmacies, reminders from clinics, and promotions from their preferred wellness brands – all in one convenient place – and email is an important part of the mix.

            When deployed securely, email becomes a powerful, personal, and persistent touchpoint for healthcare engagement.

            HIPAA Compliance Enables Trust and Transparency

            While your customers crave convenience, they also demand privacy – especially when it comes to their health. HIPAA compliant email ensures that personal health data and protected health information (PHI) stays precisely that – protected – while enabling retail healthcare brands to deliver personalized communications that build trust and loyalty.

            HIPAA Compliance Helps Ensure Secure Healthcare Marketing

            HIPAA doesn’t restrict your ability to communicate; conversely, it defines how you can do it securely and best perform, while protecting the sensitive data under your care. When emails contain PHI, you need to ensure:

            • Email content encryption
            • Access controls
            • Secure storage and transmission
            • A signed Business Associate Agreement (BAA) with your email provider

            With the key HIPAA requirements in place, retail healthcare organizations can send high-impact, personalized, and, with some platforms, such as LuxSci, automated emails to engage and educate their customers – all while adhering to HIPAA compliance regulations.

            How HIPAA Compliant Email Improves Retail Results

            HIPAA compliant email doesn’t just check a box – it opens the door for personalized, proactive, and performance-driven customer and patient engagement. With the right strategy and the right HIPAA compliant email services provider, healthcare retailers can:

            • Deliver marketing messages that include PHI with confidence
            • Develop trust and customer loyalty through secure, reliable, and frequent communication
            • Increase new and repeat purchases and average order value (AOV)
            • Lower operational costs in comparison to phone and physical mail-based engagement campaigns

            HIPAA Compliant Email Use Cases for Healthcare Retailers

            Now, let’s look at six essential use cases that healthcare retailers can employ for more effective customer and patient engagement.  

            Use Case #1: New Product Announcements

            Why It Matters: Drive sales and keep customers informed

            Whether it’s a new allergy medication, wellness supplements, or a wearable device, product launch email campaigns allow customers and targets to stay in the loop regarding new offerings that could benefit their health. This empowers individuals to take a more active role in their healthcare journey, while helping you meet your organization’s growth objectives.

            HIPAA Compliant Email Advantage

            • Announce product launches tailored to individual customer needs, such as health conditions or specific health needs
            • Use PHI-related content deliver highly targeted, highly segmented campaigns – while staying compliant
            • Build trust by ensuring messages are private and secure

            Use Case #2: Promotional Offers and Discounts

            Why It Matters: Boost loyalty and repeat business

            Both retail healthcare providers and customers benefit from promotions, such as 2-4-1 supplement deals, seasonal flu shot discounts, or loyalty reward bonuses. HIPAA compliant email allows you to securely execute promotional campaigns even when they’re linked to health data or prior purchasing behavior.

            HIPAA Compliant Email Advantage

            • Target based on previous purchases, prescriptions, or any other PHI data points
            • Comply with privacy laws while increasing engagement
            • Deliver offers directly to inboxes – no portals or logins

            Use Case #3: Reminders for Refills, Appointments, and Screenings

            Why It Matters: drive adherence to health plans and improve outcomes

            Forgetful customers don’t refill prescriptions, miss wellness exams, and ignore follow-up visits. HIPAA-compliant email reminders help tactfully nudge them towards taking favorable action. 

            HIPAA Compliant Email Advantage

            • Automate refill and screening reminders based on PHI
            • Avoid manual call-outs or printed letters
            • Boost adherence and improve overall satisfaction

            Use Case #4: Order Confirmations and Delivery Notifications

            Why It Matters: Create a seamless shopping experience

            Consumers want to know that their orders are being processed, shipped, or ready for pickup; in other words, that they’re being taken care of and not taken for granted. For prescriptions, OTC medication, or wellness products, email is the perfect way to keep them updated.

            HIPAA Compliant Email Advantage

            • Include product names, refill details, and other customer data securely in emails 
            • Track opens and clicks to ensure delivery – re-target as needed 
            • Reduce support call volumes with proactive, regular email updates

            Use Case #5: Educational Health Content & Resources

            Why It Matters: Position your brand as a trusted health partner

            From seasonal wellness tips to chronic condition education, sending valuable health education and awareness content helps position your brand as a go-to source for relevant, credible advice – and a contributor to keep people healthier.

            HIPAA Compliant Email Advantage

            • Personalize content based on past purchases or health concerns
            • Build deeper engagement and trust with relevant, timely topics
            • Share sensitive health content without privacy risk

            Use Case #6: Customer Satisfaction and Loyalty Surveys

            Why It Matters: Collect feedback to improve products and services

            Post-purchase or post-visit surveys enable retail healthcare providers to measure customer satisfaction, while identifying key areas for improvement. This not only gives you an edge over competitors who are less diligent in collecting feedback, but you also make your customer feel heard, further strengthening their brand loyalty. 

            HIPAA Compliant Email Advantage

            • Send personalized surveys securely
            • Include PHI-related context without fear of violation
            • Collect better data to inform future campaigns and services

            LuxSci Helps Healthcare Marketers Send Secure Email at Scale

            Retail healthcare is evolving rapidly – and your customers expect communication that’s personal, secure, and immediate. With HIPAA-compliant email, you can deliver all of that, and more.

            From promotions and product launches to order updates and educational content, secure email helps you build stronger relationships, improve customer outcomes, and grow your business, all while maintaining the privacy and trust that healthcare demands.

            With retail healthcare leaders like 1-800 Contacts as customers, LuxSci specializes in secure, HIPAA compliant communication solutions for healthcare organizations, including retail health brands, consumer wellness providers, and medical equipment providers. 

            Whether you’re a national pharmacy chain, a growing telehealth brand, or a local wellness shop, LuxSci provides you with the secure infrastructure and capabilities to scale personalized email engagement with confidence. This includes:

            • Automated email encryption (TLS, PGP, S/MIME)
            • Email marketing tools specifically designed to align with HIPAA compliance requirements
            • 98%+ deliverability and high performance throughput
            • APIs and SMTP options for seamless data integration and automation
            • Support for marketing, transactional, and operational messages
            • A signed Business Associate Agreement (BAA) – with no loopholes or “out-of-scope” services that compromise your compliance posture 

            Is it time to make us switch from your current provider? 

            Contact us today to find out more. 

            Retail Healthcare Secure Email Use Cases FAQs

            Can retail Healthcare brands send promotional emails under HIPAA?

            Yes, with proper consent and a fully HIPAA-compliant platform like LuxSci, you can send targeted promotional emails that include PHI.

            What kind of PHI can I include in a secure email?

            You can include health conditions, medication details, order info, service history, and a large array of other PHI data points in your messaging – provided the email is encrypted and sent through a compliant platform.

            Are delivery and refill reminders considered PHI?

            Yes, if the email content relates to a specific patient and their health, then it contains PHI. That’s precisely why it’s so vital that secure email is used to send out such reminders, or any communication containing sensitive customer or paitent data.

            How do I ensure HIPAA compliance with my marketing emails?

            Deploying a platform like LuxSci that signs a BAA, provides email encryption, including its content, and all the required PHI safeguards is the best way to ensure HIPAA compliance when executing your marketing campaigns. Better yet, LuxSci also features automation and hypersegmentation to enhance the efficacy of your customer engagement campaigns, as well as ensuring they align with HIPAA requirements.

            Can I send secure email campaigns in bulk or high volumes?

            Most definitely! In fact, LuxSci’s high-volume secure email solution is ideal for large-scale outreach, whether it’s marketing, educational, or transactional emails. We have designed our infrastructure to facilitate the consistent delivery of hundreds of thousands, if not millions, of emails in accordance with your company’s engagement needs and HIPAA compliance.

            Read More
            Best HIPAA Compliant Email Software

            What Is the Best HIPAA Compliant Email Software?

            The best HIPAA compliant email software protects messages in transit and at rest, verifies identity with layered controls, records activity for audits, and connects cleanly with clinical systems. A service fits this description when encryption operates by default, authentication is strong but simple to use, logging is clear, and contracts map to HIPAA Privacy and Security Rule expectations so staff communicate without extra steps.

            Why to seek out the Best HIPAA Compliant Email Software

            Email carries scheduling details, follow ups, and billing questions from morning to close. The best HIPAA compliant email software keeps that flow steady by applying Transport Layer Security for server to server delivery and using message level encryption when a thread leaves trusted paths so only intended recipients can read the content. Identity needs careful handling through multi factor sign in, phishing resistant authenticators for sensitive roles, and session rules that make sense on shared workstations. Sender validation with SPF DKIM and DMARC reduces spoofing so patients and partner sites trust the name in the from line. When these elements run quietly in the background, teams move faster and errors linked to manual security steps fade.

            Security Controls That Set Email Software Apart

            HIPAA cites technical and administrative safeguards in 45 CFR 164.312 and 45 CFR 164.308. In practice this calls for access limits, audit trails, integrity checks, and transmission protection that does not rely on user memory. Default encryption policies remove guesswork during busy hours. Role based access narrows who can open attachments that carry imaging or lab data. Session timeouts that fit exam rooms and nursing stations reduce unattended access. The best HIPAA compliant email software turns these safeguards into daily behavior rather than optional features tucked inside menus, and that difference shows up in fewer service tickets and cleaner audits.

            Contracts and Evidence

            Any service that touches patient information requires a Business Associate Agreement with clear duties for data handling, incident reporting timelines, and return or deletion of information at contract end. Contract text needs to mirror access controls, audit controls, and transmission security in 45 CFR 164.312 along with administrative expectations in 45 CFR 164.308 so there is no gap between policy and reality. Independent examinations such as SOC 2 Type II or HITRUST provide outside confirmation that controls work as described, and written incident procedures with suitable insurance show preparation for hard days. Vendors that meet these barometers look much closer to the best HIPAA compliant email software because they can show how legal promises meet operational practice.

            Integrations That Put Messages Into the Record

            Care moves faster when messages land where work happens. Direct links to electronic health records place threads and attachments in the chart without copy and paste. Open APIs route patient replies and flags to the right queue so action follows quickly. Single sign on keeps access simple as clinicians move between rooms, and mobile access that preserves encryption and authentication lets providers respond away from a desk. When the inbox feels like part of the chart rather than a separate island, time spent juggling windows drops, and the best HIPAA compliant email software starts to feel invisible in the best possible way.

            Administration and Support Built for Scale

            Growth introduces rotating staff, new locations, and changing schedules. Administration needs clear role templates, delegated admin rights, and policy profiles that apply consistently across sites. Template management keeps patient facing messages consistent while allowing local details where needed. Support that guides DNS setup, archive import, and policy tuning shortens launch time and reduces rework. The best HIPAA compliant email software treats these operational pieces as first class concerns, which shows up later when a clinic adds a new line of service or merges with a partner and everything still works without a scramble.

            Comparing the Best HIPAA Compliant Email Software

            A focused pilot tells more than a long checklist. Test inside one service line and measure time to send a protected message, the rate at which patients open secure threads, and the steps needed to file conversations into the record. Track admin effort for onboarding, policy changes, and template updates. Review pricing beyond a seat line by including storage tiers, archive export, and support response times over a multi year term so totals stay predictable. Platforms that deliver encrypted transport, content protection when needed, dependable identity, complete logging, and clean connections to clinical systems will rise to the top, and that is where the best HIPAA compliant email software becomes easy to spot without naming vendors.

            Budget Planning Without Surprises

            Seat price rarely tells the whole story. Storage, export fees, and support commitments shape the total over time, as do retention rules that extend message life for legal or clinical reasons. Map these items to record policy and growth plans so expenses track reality. If a platform proves it can keep Protected Health Information private in motion and at rest, place messages into the chart without friction, and provide evidence that satisfies auditors, the decision gets simpler. In that situation the best HIPAA compliant email software supports daily communication while staying out of the way, which is exactly what busy clinics need.

            Read More

            You Might Also Like

            Best HIPAA Compliant Email Providers

            How Do Healthcare Organizations Choose the Right Secure Email Providers?

            Healthcare organizations look at provider capabilities across security architecture, compliance certifications, integration options, support quality, and pricing structures to identify solutions that meet their operational requirements and regulatory obligationsSecure email providers offer platforms that encrypt communications, maintain audit trails, and ensure compliance with healthcare privacy regulations while delivering reliable message transmission and user-friendly interfaces. Healthcare organizations must evaluate provider capabilities across security architecture, compliance certifications, integration options, support quality, and pricing structures to identify solutions that meet their operational requirements and regulatory obligations. The selection process involves analyzing encryption standards, business associate agreement terms, scalability options, and vendor stability to ensure long-term partnership success.

            Security Architecture and Encryption Standards

            End-to-end encryption capabilities distinguish professional secure email providers from standard business email services by protecting message content throughout the entire communication lifecycle. Advanced Encryption Standard (AES) 256-bit encryption transforms patient information into unreadable code before transmission, ensuring that intercepted messages cannot reveal sensitive health data to unauthorized parties. Transport Layer Security protocols create secure tunnels between email servers, preventing message interception during transmission across public internet infrastructure while maintaining message integrity throughout delivery processes.

            Authentication mechanisms verify sender and recipient identities through digital certificates and multi-factor verification systems that prevent unauthorized access to healthcare communications. Certificate-based authentication ensures that only verified healthcare providers and authorized recipients can access encrypted patient information sent through email channels. Two-factor authentication requirements add security layers by requiring users to provide secondary verification through mobile devices, hardware tokens, or biometric identification before accessing their secure email accounts.

            Key management systems protect the encryption keys that safeguard patient information while ensuring that legitimate healthcare providers can access necessary communications without delays that might interfere with patient care activities. Secure key storage prevents unauthorized access to encryption keys while maintaining backup procedures that prevent data loss if primary key storage systems experience failures. Automatic key rotation schedules strengthen security by regularly updating encryption keys without requiring manual intervention from busy healthcare staff members. Message integrity controls detect attempts to modify email content during transmission and alert recipients when communications may have been compromised by malicious actors. Digital signatures provide mathematical proof that messages originated from legitimate healthcare sources and have not been altered during transmission processes. These verification mechanisms enable healthcare providers to trust that patient communications received through secure email providers maintain their original content and authenticity.

            Compliance Certifications and Regulatory Requirements

            HIPAA compliance capabilities form the foundation for evaluating secure email providers serving healthcare organizations, as these platforms must meet strict administrative, physical, and technical safeguards required under federal privacy regulations. Providers should demonstrate their compliance through comprehensive business associate agreements that specify exactly how they will protect patient information, what security measures they maintain, and detailed procedures for reporting security incidents to healthcare organizations. Documentation requirements include maintaining audit trails, conducting risk assessments, and providing compliance reporting that supports healthcare organizations during regulatory inspections.

            SOC 2 Type II certifications demonstrate that secure email providers maintain appropriate controls for security, availability, processing integrity, confidentiality, and privacy of customer data throughout their operations. These independent audits verify that providers implement effective security controls and maintain them consistently over extended periods rather than just during initial certification assessments. Healthcare organizations should request recent audit reports and verify that certification scopes include all services they plan to use from potential providers.

            HITRUST certification addresses healthcare-specific security requirements and indicates that secure email providers understand the compliance challenges healthcare organizations experience daily. This certification framework incorporates requirements from multiple regulatory standards including HIPAA, HITECH, and state privacy laws to provide comprehensive security validation for healthcare technology vendors. Providers with current HITRUST certification have demonstrated their ability to protect healthcare information according to industry-recognized standards and best practices. International compliance standards may be relevant for healthcare organizations operating across multiple countries or serving patients with diverse privacy expectations. General Data Protection Regulation compliance enables secure email providers to serve healthcare organizations with European operations or patients, while other regional privacy regulations may require specialized compliance capabilities. Healthcare organizations should verify that their chosen providers can meet all applicable regulatory requirements for their specific operational scope and patient populations.

            Integration Capabilities and Workflow Enhancement

            Electronic health record integration enables seamless communication workflows by connecting secure email platforms with clinical documentation systems that healthcare providers use daily. API connectivity allows patient communications to populate appropriate sections of electronic health records automatically, eliminating duplicate data entry while ensuring comprehensive documentation of all patient interactions. Real-time synchronization ensures that email communications appear in patient records immediately, supporting clinical decision-making with complete communication histories.

            Mobile device support enables healthcare providers to access secure communications from smartphones and tablets without compromising security standards or patient privacy protections. Native mobile applications should maintain the same encryption and authentication requirements as desktop platforms while providing convenient access for busy healthcare providers working from various locations. Cross-platform compatibility ensures that healthcare teams can communicate effectively regardless of their preferred devices or operating systems. Patient portal connections create unified communication platforms that give patients convenient access to their healthcare information through single sign-on interfaces. These integrated systems allow patients to receive test results, communicate with their care teams, and access educational resources through platforms that maintain consistent security standards across all communication channels. Unified patient experiences improve satisfaction while reducing technical support requirements for healthcare organizations managing multiple communication systems.

            Vendor Stability and Support Quality

            Financial stability assessments help healthcare organizations evaluate whether potential secure email providers can maintain service quality and security standards throughout long-term contract periods. Publicly available financial information, funding sources, and growth trajectories provide insights into provider stability and their ability to invest in security improvements and feature development. Healthcare organizations should avoid providers experiencing financial difficulties that might compromise service reliability or security investments during contract periods.

            Customer support capabilities directly impact healthcare organization productivity when email issues arise during patient care activities or compliance requirements need immediate attention. Twenty-four hour support availability ensures that healthcare providers can resolve email problems quickly when patient communications are at risk or system outages threaten operational continuity. Dedicated healthcare support teams understand industry-specific requirements and can provide specialized assistance with compliance questions and workflow optimization challenges.

            Implementation support quality determines how smoothly healthcare organizations can transition to new secure email providers without disrupting patient care activities or compromising security standards. Professional services teams should provide data migration assistance, system configuration guidance, and staff training programs that minimize transition disruption. Experienced implementation teams understand healthcare workflow requirements and can customize deployment approaches to accommodate operational constraints and compliance obligations.

            Update and maintenance procedures ensure that secure email providers maintain current security standards and feature capabilities without requiring manual intervention from healthcare IT staff. Automatic security updates protect against emerging threats while maintaining email system availability during critical patient care periods. Scheduled maintenance windows should accommodate healthcare operation schedules and include advance notification procedures that allow organizations to plan around potential service interruptions from their secure email providers.

            Pricing Models and Total Cost Considerations

            Per-user pricing structures allow healthcare organizations to scale email costs directly with their workforce size while maintaining predictable budget planning capabilities. Volume discounts for larger organizations can reduce per-user costs substantially, making secure email more affordable for health systems and large practices with hundreds or thousands of users. Healthcare organizations should evaluate pricing tiers carefully to identify optimal user count thresholds that maximize cost efficiency while accommodating anticipated growth patterns.

            Storage allocation policies affect long-term costs for healthcare organizations that must retain email communications for extended periods to meet regulatory and legal requirements. Unlimited storage plans provide cost predictability and eliminate concerns about archive capacity limits, while metered storage options may offer lower initial costs but create potential budget overruns if retention requirements exceed initial estimates. Healthcare organizations should calculate their long-term storage needs based on communication volume patterns and regulatory retention requirements.

            Feature-based pricing allows organizations to customize their secure email investments by paying only for capabilities they actually need rather than comprehensive packages that include unused functionality. Basic encryption and compliance features constitute entry-level costs, while advanced capabilities like data loss prevention, integration APIs, and custom reporting may require supplementary charges. Healthcare organizations should evaluate feature requirements carefully to avoid both overpaying for unused capabilities and underestimating needs that require costly upgrades later.

            Implementation costs include data migration services, system configuration assistance, and staff training programs that enable successful deployment of new secure email platforms. Professional services charges may range from thousands to tens of thousands of dollars depending on data volume, customization requirements, and integration complexity. Healthcare organizations should budget for these one-time expenses while evaluating total cost of ownership across expected contract periods with secure email providers, rather than focusing solely on recurring subscription fees.

            Evaluation Criteria and Selection Process

            Security assessment procedures should evaluate encryption strength, authentication mechanisms, access controls, and audit logging capabilities that secure email providers implement to protect healthcare communications. Penetration testing results, vulnerability assessments, and security certifications provide objective evidence of provider security capabilities. Healthcare organizations should request detailed security documentation and verify that provider security measures meet or exceed their internal requirements and regulatory obligations.

            Compliance verification involves reviewing business associate agreements, audit reports, and compliance certifications to ensure that potential providers can meet healthcare privacy requirements effectively. Legal teams should evaluate contract terms, liability allocation, and incident response procedures to protect healthcare organizations from regulatory penalties or security breaches. Due diligence processes should include reference checks with current healthcare customers and verification of provider compliance track records.

            Pilot testing enables healthcare organizations to evaluate secure email provider functionality, performance, and user experience before committing to long-term contracts or organization-wide implementations. Limited pilot programs with small user groups can identify potential issues with workflow integration, security controls, or usability that might affect broader deployments. Testing periods should include realistic usage scenarios and stress testing to verify that providers can handle anticipated communication volumes and user loads.

            Vendor comparison matrices help healthcare organizations systematically evaluate multiple secure email providers across security, compliance, integration, support, and pricing criteria that matter most for their specific requirements. Weighted scoring systems can prioritize evaluation criteria based on organizational priorities and constraints. Comprehensive evaluations should include total cost of ownership calculations, implementation timeline estimates, and risk assessments that account for vendor stability and long-term viability considerations.

            Read More
            HIPAA Email Policy

            What Should a HIPAA Email Policy Include?

            A HIPAA email policy should include procedures for PHI handling, encryption requirements, user access controls, patient authorization processes, breach response protocols, and staff training requirements. The policy must define acceptable email usage, specify security measures for different types of communications, establish audit procedures, and outline consequences for violations to ensure comprehensive compliance with HIPAA Privacy and Security Rules. Healthcare organizations often develop email policies reactively after compliance issues arise rather than proactively addressing HIPAA requirements. HIIPAA email policy development helps prevent violations while enabling efficient email communications that support patient care and organizational operations.

            Scope and Applicability Definitions

            Policy coverage must clearly define which email activities fall under HIPAA requirements and which personnel must follow established procedures. HIPAA email policy should address both internal communications between staff members and external communications with patients, providers, and business partners. PHI identification guidelines help staff recognize when email messages contain protected health information that requires additional security measures. These guidelines should include examples of obvious PHI like patient names and medical record numbers as well as less obvious information that could identify patients. Exception procedures provide guidance for emergency situations when standard email security measures might delay urgent patient care communications. These procedures should balance patient safety needs with privacy protections while documenting when and why exceptions occur.

            User Authentication and Access Control Procedures

            Password requirements must specify minimum standards for email account security including length, complexity, and change frequency. The policy should address both initial password creation and ongoing password management to maintain account security over time. Account management procedures define how email access is granted, modified, and terminated based on employment status and job responsibilities. The policy should specify who has authority to approve access changes and how quickly modifications must be implemented. Remote access guidelines establish security requirements for accessing organizational email systems from outside locations or personal devices. These guidelines should address virtual private network usage, device security standards, and restrictions on PHI access from unsecured networks.

            Email Content and Communication Standards

            PHI usage guidelines specify when patient information can be included in email communications and what security measures apply to different types of content. The policy should distinguish between internal communications among healthcare team members and external communications with patients or other organizations. Subject line restrictions help prevent inadvertent PHI disclosure through email headers that might be visible to unauthorized recipients or stored in unsecured log files. Staff should understand how to reference patients and medical conditions without revealing specific identifying information. Attachment handling procedures define security requirements for medical records, test results, and other documents transmitted via email. HIPAA email policy should specify encryption standards, file naming conventions, and restrictions on certain types of sensitive information.

            Encryption and Security Implementation Requirements

            Encryption standards must specify which types of email communications require encryption and what methods meet organizational security requirements. The policy should address both automatic encryption for all emails and selective encryption based on content sensitivity. External communication requirements define additional security measures for emails sent outside the healthcare organization to patients, referring providers, or business partners. These requirements might include patient portal usage, secure email gateways, or alternative communication methods for highly sensitive information. Mobile device security addresses special considerations for accessing email from smartphones and tablets used for patient care activities. The policy should specify device encryption requirements, application restrictions, and procedures for lost or stolen devices.

            Patient Authorization and Consent Management

            Consent documentation procedures define when patient authorization is required for email communications and how these authorizations should be obtained and recorded. The policy should distinguish between treatment communications that do not require authorization and marketing or administrative communications that do. Authorization tracking systems help staff verify patient consent status before sending emails that require authorization. HIPAA email policy should specify how consent information is maintained and accessed while protecting patient privacy and supporting audit requirements. Revocation procedures establish how patients can withdraw consent for email communications and how these changes are implemented across organizational systems. Staff should understand how to process revocation requests promptly while maintaining records of authorization changes.

            Incident Response and Breach Management Protocols

            Violation reporting procedures define how staff should report potential HIPAA violations or security incidents involving email communications. The policy should specify who receives reports, what information must be included, and timeframes for reporting different types of incidents. Investigation processes outline how the organization will assess potential violations to determine whether they constitute HIPAA breaches requiring patient notification or regulatory reporting. These processes should include roles and responsibilities for investigation team members. Corrective action procedures establish how the organization will address confirmed violations and prevent similar incidents in the future. HIPAA email policy should include disciplinary measures for staff violations and system improvements for prevention measures.

            Training and Compliance Monitoring Elements

            Initial training requirements specify what HIPAA email education all staff must receive before gaining access to organizational email systems. The policy should define training content, delivery methods, and documentation requirements for compliance tracking. Refresher training schedules ensure that staff receive updated information about email security requirements and organizational policy changes. The policy should specify training frequency and procedures for tracking completion across different employee groups. Audit procedures define how the organization will monitor email usage to identify potential violations and assess policy effectiveness. The policy should specify audit frequency, scope, and reporting requirements while protecting legitimate email privacy expectations for non-PHI communications.

            Read More
            LuxSci HIPAA-Compliant Marketing Email

            12 Key Questions to Ask Before Sending HIPAA-Compliant Marketing Emails

            So – you’ve just been told that your email marketing program is putting your company at risk of violating HIPAA.

            Ok. What now?

            If you want to continue your email-based patient engagement efforts – without the risk of the financial, operational, and reputational risk that accompanies the exposure of sensitive patient data, you must implement HIPAA compliant email marketing practices.

            This is comprised of two components: becoming HIPAA-compliant, setting up the required systems and procedures to ensure your PHI (PHI) and EPHI (EPHI) are protected, and your marketing objectives, who you want to reach and what to communicate.

            However, you don’t have to let your marketing objectives suffer for the sake of security.

            Implementing a HIPAA-compliant marketing program can actually help you achieve better marketing results.

            Asking yourself these 12 questions ensures your email marketing campaigns align with your business goals and are HIPAA-compliant.

            ———

            HIPAA-Compliant Marketing Emails

            1. Do you have security controls to protect access to your email marketing system?

            2. Do you have a documented procedure to guide you HIPAA-compliant email marketing?

            3. Can you send encrypted emails?

            4. Do you have a complete understanding of your organization’s PHI and ePHI?

            5. Do you have a required training process for anyone sending HIPAA-compliant marketing emails?

            6. Do you have effective protection against malware?

            7. Do you have valid Business Associate Agreements (BAA) in place?

            8. Why am I sending this email?

            9. Is my email’s subject line standing out?

            10. What is the recipient’s brand and product awareness level?

            11. Have I tested my message for readability?

            12. Have I sent my message to a test email account?

            HIPAA-Compliant Marketing Emails

            If your organization requires HIPAA-compliant email, start by using these questions to inspect your email marketing for compliance. Note that while we can’t provide legal advice, the below questions will help you identify some of the most common points of vulnerability and non-compliance.

            1. Do you have security controls to protect access to your email marketing system?

            Email security is an essential component of being HIPAA-compliant. As a starting point, check your internal security processes for access restrictions. This includes:

            • A robust password policy, i.e., changed frequently (e.g., 30 days), has to contain a mixture of characters, etc.
            • Multi-factor authentication (MFA), i.e., users verifying their identity in multiple ways, e.g., username/password and sent number codes (text, email, key fob, etc.), biometrics, etc.
            • Role-based access controls, i.e., granting access to individuals based on the responsibilities of their job role.
            • Zero Trust Architecture (ZTA), i.e., “never trust, always verify” – where users are required to reconfirm their identity on a case-by-case basis, as opposed to once when logging on, which mitigates session hijacking and similar threats.

            2. Do you have a documented procedure to guide you HIPAA-compliant email marketing?

            “Winging it” simply doesn’t cut it when it comes to HIPAA-compliant email marketing; you must develop a comprehensive documented process detailing how you intend to safeguard PHI throughout your email marketing campaigns.

            This should include:

            • Specifying the HIPAA-compliant email delivery service you’ll use to execute your marketing campaigns
            • The processes and controls you’ll use to encrypt data  for ePHI at rest and in transit
            • The access and authentication controls you have in place
            • How you’ll implement data minimization: only using the minimum necessary PHI in communications – and not including sensitive PHI unless it’s essential.
            • How you’ll securely dispose of data: Implement a process for securely deleting emails containing ePHI once they’re no longer needed, to comply with retention policies.
            • Staff training: educating employees involved in email marketing on how to securely handle PHI and other HIPAA requirements.
            • Incident response plan, i.e., an additional documented plan for how you’ll respond to data breaches and other cyber attacks; this also includes notifying any affected parties as mandated by HIPAA.

            If you’re starting from scratch, the information contained in the answers to the questions in this article provides a useful starting point for creating your first procedure.

            3. Can you send encrypted emails?

            If you are sending highly sensitive data or PHI in your emails, be aware that HIPAA requires the data to be encrypted a rest, i.e., the storage medium where it resides, and in transit, when being sent to recipients.

            To the surprise of many healthcare organizations, most major email marketing providers, such as Mailchimp and Constant Contact are unable to provide encryption for data in transit and only protect data in their systems. To avoid falling foul of HIPAA regulations, ensure that the email delivery platform you use to transmit messages containing PHI offers end-to-end encryption.

            4. Do you have a complete understanding of your organization’s PHI and ePHI?

            Much of the time, when we, as well as healthcare providers, talk about PHI, we’re actually referring to electronic protected health information (EPHI). While PHI is a catch-all term to account for all sensitive health information, in truth, in the digital age, the vast majority is stored electronically in data centers – and the patient data handled is EPHI.

            You can discover “PHI” and “ePHI” within the context of your organization’s context by identifying and categorizing the PHI and ePHI typically handled in your business. It’s an absolutely crucial tenet of data protection that you simply can’t protect what you’re not aware of.

            Comprehensive PHI categorization will help your staff navigate HIPAA-compliant email requirements.

            5. Do you have a required training process in place for anyone sending HIPAA-compliant marketing emails?

            Your HIPAA compliance program, as with your company’s overall cybersecurity posture, is only as strong as your weakest link. In light of this, it’s essential to educate the staff within your company who are involved in your healthcare engagement campaigns on the secure use of ePHI and HIPAA-compliant marketing practices.

            Additionally, this needs to be reflected in your onboarding process, so new hires are made familiar with HIPAA regulations, should their role require it.

            6. Do you have effective protection against malware?

            In the unlikely event you need any further encouragement to revisit your company’s anti-malware (viruses, ransomware, Trojans, etc.) measures, there are always HIPAA compliance requirements! 

            To better protect your sensitive customer data against a slew of increasingly sophisticated cyber threats, start with these three key considerations:

            1. Do you have anti-malware protection running on all of your organization’s devices? Additionally, does this extend to your employee’s personal devices on which they handle PHI?
            2. How frequently do you update your anti-malware solution?
            3. Does your email marketing provider have sufficient protection malware mitigation measures in place, as per HIPAA requirements?

            7. Do you have valid Business Associate Agreements (BAA) in place?

            It’s normal to outsource activities like email marketing to a third party, but for the service they provide to be HIPAA-compliant, you must have a business associate agreement (BAA) in place.

            A BAA documents how two organizations will share PHI and under what circumstances. A BAA also details the legal responsibilities of each party in the event of a serious issue. With a BAA being a core component of HIPAA compliance, failure to have one in place with your email service provider is an immediate HIPAA violation – and one that can result in serious consequences for a healthcare company.

            Getting Better Results from HIPAA-Compliant Email Marketing

            Now that you’ve confirmed your systems are HIPAA-compliant, let’s move on to making sure your email marketing strategy aligns with your overall business objectives.

            In pursuit of this, the following questions serve as a handy “monthly review” for refining the effectiveness of your email-based patient outreach efforts .

            8. Why am I sending this email?

            First and foremost, for the best results, each email you send should have a single, clearly defined purpose.

            I know what you’re thinking – “my customers and patients are smart, they can handle multiple points in a single message.”  And while that’s true, at whatever point your email reaches a recipient, they’re already juggling several different priorities at once. While they’re capable of juggling multiple points in a message – they’re unlikely to want to; when it comes to email marketing, a single goal is the best way to go.

            Similarly, it’s important to remember that your email is one of dozens –  or hundreds – received by your patient that day. So, if your message is long and overly complicated, the reader will likely skip over or delete it.

            9. Is my email’s subject line standing out?

            Following on the above point, is your email subject line impactful enough to stand out amidst the pile of messages that will land in the patient’s inbox that day? The email subject line is the most important part of your email because it’s responsible for persuading the reader to open your message.

            Despite this, many marketers still use terrible, ineffective subject lines and wonder why their emails are failing to produce results!

            For the best results, write up three to ten subject lines for your next email, step away for 5-10 minutes, and then choose the headline you determine as best.

            Consider these examples to check your understanding:

            Ineffective Email Subject Lines

            1. Blank (no subject): writing nothing in the subject line
            2. Clinic Newsletter (tell them more, e.g., the subject or theme for the month)
            3. Overusing exclamation marks!!!

            Effective Email Subject Lines (examples based on a dental practice)

            1. BRAND-NEW Dental Product Released Today
            2. How to Cut Down on Your Health Insurance Paperwork
            3. [Case Study] How We Helped 3 Ex-Smokers Get White Teeth

            10. What is the recipient’s brand and product awareness level?

            Whether promoting medical devices, new digital solutions technology, or any healthcare product or service, understanding the prospect’s awareness level is essential.

            If your email is designed to introduce a brand-new product, stick to high-level features and benefits while avoiding technical jargon and granular product details. Conversely, if you’re writing an email to experienced, highly knowledgeable readers, going into greater depth makes sense.

            Advanced list management and segmentation tools, as offered by Luxsci Secure Marketing, are key for ensuring the communications you send match the reader’s awareness level.

            11. Have I tested my message for readability?

            Do you know one of the reasons that Hemingway was popular? He   was skilled at writing short phrases and phrases. Consequently, his writing was easy to understand and appealed to a wide variety of people. When in doubt, keep your writing short and free of jargon, abbreviations and “insider” terms.

            When you’re deeply involved in the details of your business, it’s so easy to overlook just how much specialized jargon and language you frequently use. However, if you want your communications to engage with patients and customers, they need to be as accessible as possible.

            Fortunately, there are simple solutions to this, with tools like the Text Readability Calculator that are designed to quickly enhance the readability of your emails.

            12. Have I sent my message to a test email account?

            Finally, if you’ve followed all of the above advice, you’re almost ready to hit SEND…there’s just one more thing you need to check.

            Determine how your email will look to recipients, including its clarity, and readability by simply sending a test email to one of your own email accounts once it is received.

            In particular, pay attention to how the subject line looks and test all the links in the email to ensure they take the reader through to the intended destination, such as a product or service page. A broken link will only frustrate the recipient – who was interested enough to click through, no less – and lower your conversion rate.

            Better still, send the test email to a colleague somebody and ask for their opinion about the quality of the message and whether it creates the desired impression.

            Demystifying HIPAA-Compliant Email Marketing

            As the most experienced HIPAA-compliant email provider, LuxSci specializes in providing secure and HIPAA-compliant solutions for companies aiming to send hundreds of thousands – or millions – of emails. Our hypersegmentation tools allow you to precisely target an unlimited number of patient sub-populations to maximize the efficacy of your messaging.

            Are you interested in discovering how LuxSci’s secure email marketing platform will streamline your healthcare engagement efforts?

            Contact us to learn more about our products and pricing.

            Read More