LuxSci

Understanding Business Associate Agreements (BAAs) and Shared Responsibility

Google Business Email HIPAA Compliant

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

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

This is where the concept of shared responsibility comes in.

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

What Is The Shared Responsibility Model? 

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

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

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

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

Business Associate Agreements (BAAs) and Shared Responsibility

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

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

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

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

Why Shared Responsibility Is Essential for HIPAA Compliance

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

Security Gaps

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

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

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

Covered Entities (CEs) Are Ultimately Accountable

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

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

The Covered Entity’s Role Within Shared Responsibility

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

Choose Compliance-Conscious Vendors 

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

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

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

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

Configuration 

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

Features that often require configuration include: 

 

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

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

Training

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

Key aspects of comprehensive cybersecurity training include:

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

Reporting 

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

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

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

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

LuxSci – Secure Healthcare Communications

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

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

Contact LuxSci today to learn more or get a demo.

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

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LuxSci G2 2026

LuxSci Earns 19 G2 Spring 2026 Badges

LuxSci continues its strong performance in the G2 Spring 2026 Reports, earning 19 badges that reflect real customer satisfaction and consistent product excellence across multiple areas, including email encryption, HIPAA compliant messaging, email security and email gateways.

G2: A Highly Reputable Peer Review Platformn

In a crowded software landscape, it’s easy for bold claims to blur together. That’s where G2 stands apart. Its rankings are based entirely on verified user feedback, giving buyers a clearer picture of how solutions actually perform in day-to-day use, not just how they’re marketed.

For Spring 2026, LuxSci earned recognition across multiple categories, including Leader, Best Customer Support, and Best ROI. Together, these awards show that LuxSci delivers leading technology and a best-in-class customer experience.

What the Badges Represent

Each G2 badge reflects direct input from customers using LuxSci in real-world environments. These evaluations cover usability, onboarding, support responsiveness, and long-term value. LuxSci’s Spring 2026 badges span leadership, customer satisfaction, ROI, and ease of implementation, demonstrating consistent strength across the full customer lifecycle.

Leader Badge: Market Leadership Validated

The Leader badge is awarded to companies with high customer satisfaction and strong market presence. LuxSci’s placement reflects reliable performance, strong security, and continued trust from organizations operating in highly regulated environments like healthcare.

Best Customer Support: A Standout Strength

In secure healthcare communications, timely and accurate support is essential. Issues must be resolved quickly to avoid operational or compliance risks. Customers consistently highlight LuxSci’s fast response times, deep expertise, and a hands-on approach, showing that our technology and our people deliver meaningful, real-world solutions.

Best ROI: Proven Business Value

ROI includes reduced compliance risk, improved efficiency, and scalable operations, not just cost. Customers report measurable benefits from LuxSci’s reliability, built-in compliance, and streamlined workflows, leading to strong long-term value and a solution that keeps you ahead of security and compliance risks.

What This Means for LuxSci Customers

These awards show LuxSci’s ability to serve organizations of varying sizes, from mid-market to enterprise. All reviews are from verified users, ensuring authenticity and transparency. Customers consistently mention reliability, security, and responsive support, along with overall peace of mind. The recognitions validate LuxSci’s ability to deliver secure, dependable communication solutions backed by strong support, including HIPAA compliant email, marketing and forms.

LuxSci’s 10 G2 Spring 2026 badges—including Leader, Best Customer Support, and Best ROI—demonstrate consistent excellence across performance, usability, and customer satisfaction. These results reinforce its position as a trusted provider in secure communications.

LuxSci MFA

Traditional MFA No Longer Qualifies as “Reasonable” Security

For years, multi-factor authentication (MFA) was considered one of the most effective ways to protect sensitive systems. By requiring a second verification step, such as a text message code or push notification, organizations could significantly reduce the risk of compromised passwords.

But the threat landscape has changed.

Today, attackers routinely bypass traditional MFA using techniques such as MFA evasion, token replay attacks, and consent phishing. These methods are no longer rare or highly sophisticated. They are widely used, automated, and increasingly effective.

As a result, regulators, auditors, and security frameworks are raising expectations for authentication security. For healthcare organizations in particular, traditional MFA alone may no longer satisfy the HIPAA requirement to implement “reasonable and appropriate safeguards.”

In the near future, email systems that rely only on basic MFA, without conditional access or phishing-resistant authentication, may increasingly be viewed as security gaps during risk assessments.

Why Traditional MFA Is No Longer Enough

Traditional MFA still improves security compared to passwords alone. However, many common MFA methods were designed before today’s phishing techniques and cloud authentication attacks became widespread.

Common MFA methods include:

  • SMS verification codes
  • Email-based authentication codes
  • Push notifications to mobile apps

While these mechanisms add friction for attackers, they can still be intercepted or manipulated during sophisticated phishing attacks. Because modern attackers now target authentication workflows directly, organizations relying solely on traditional MFA may be more vulnerable than they realize.

How Attackers Bypass MFA Today

Cybercriminals increasingly rely on tools that capture credentials and authentication tokens during login sessions. Three attack techniques are now especially common.

  • MFA Evasion and Phishing Proxies – Attackers frequently deploy adversary-in-the-middle phishing kits that sit between the user and the real login service. When users enter their credentials and MFA code on a phishing page, the attacker forwards the information to the legitimate site and captures the authentication session. The user successfully logs in—but the attacker gains access as well. If attackers capture those tokens, they can reuse them to access the account directly.
  • Token Replay Attacks – After successful authentication, systems typically issue session tokens that allow users to remain logged in without repeated MFA prompts. This technique has been widely observed in attacks targeting cloud email platforms such as Microsoft 365, allowing attackers to access email data even when MFA is enabled.
  • Consent Phishing – Consent phishing bypasses MFA entirely. Instead of stealing passwords, attackers trick users into granting permissions to malicious applications that request access to their mailbox or files. If users approve the request, the attacker’s application receives persistent access to the account through APIs—often without triggering security alerts.

Why Email Authentication Matters Most in Healthcare

Email remains one of the most critical systems in healthcare organizations. It supports patient communication, internal collaboration, and the exchange of sensitive information. Unfortunately, it is also the most frequently targeted entry point for cyberattacks.

Once attackers gain access to an email account, they can:

  • Impersonate healthcare staff
  • Launch internal phishing attacks
  • Access sensitive patient communications
  • Extract protected health information (PHI)

Because of this, email authentication controls are becoming a major focus for security teams and compliance auditors alike.

Evolving Regulatory Expectations

HIPAA does not prescribe specific technologies, but it requires organizations to implement safeguards that are “reasonable and appropriate” based on risk. As new attack methods emerge, the definition of reasonable security evolves.

Today, many security frameworks and regulatory bodies are emphasizing stronger identity protections, including:

  • Phishing-resistant authentication
  • Conditional access policies
  • Monitoring for suspicious login behavior
  • Controls for third-party application permissions

Organizations that rely solely on basic MFA may increasingly struggle to demonstrate that their authentication protections are sufficient.

The Shift Toward Phishing-Resistant Authentication

To address the weaknesses of traditional MFA, many organizations are adopting phishing-resistant authentication technologies, which can be enabled with tools like Duo and Okta. These solutions rely on cryptographic authentication tied to trusted devices, which prevents attackers from capturing or replaying login credentials.

Examples include:

  • Hardware security keys
  • Passkeys
  • Certificate-based authentication

Because authentication is tied to both the device and the legitimate website domain, these technologies significantly reduce the success rate of phishing attacks.

Why Conditional Access Is Becoming Essential

Conditional access adds another layer of protection by evaluating context and risk before granting access. Instead of treating every login the same, conditional access policies analyze signals such as:

  • Device security status
  • Geographic location
  • Network reputation
  • User behavior patterns

If something appears unusual, such as a login from a new country, the system can require stronger authentication or block the attempt altogether. This risk-based approach to authentication helps prevent many account compromise scenarios.

The Future of HIPAA Risk Assessments

As authentication threats evolve, healthcare security assessments are increasingly focusing on identity protection maturity. Organizations may begin seeing findings related to:

  • Weak or outdated MFA methods
  • Lack of conditional access policies
  • Insufficient monitoring of login activity
  • Unrestricted third-party application permissions

In particular, email systems without advanced authentication protections may be flagged as high-risk vulnerabilities, especially when PHI is accessible.

LuxSci’s Modern Approach to MFA

Modern threats require more than a simple second login factor. LuxSci approaches authentication security with layered identity protection designed specifically for healthcare environments.

Instead of relying solely on basic MFA methods like SMS codes or email verification, LuxSci supports stronger authentication controls and policies that align with evolving security expectations. These protections can include:

  • Strong multi-factor authentication options
  • Monitoring for unusual login behavior
  • Enhanced identity verification mechanisms

By combining multiple security layers within its HIPAA-compliant secure communications email and marketing solutions, LuxSci helps healthcare organizations protect sensitive email communications while maintaining usability for providers, health plan administrators, payment providers, and patient engagement teams.

Conclusion

Multi-factor authentication remains an important security control—but not all MFA is created equal. Attack techniques such as phishing proxies, token replay, and consent phishing have demonstrated that traditional MFA methods can be bypassed. As a result, regulators and auditors are increasingly expecting stronger identity protections.

For healthcare organizations that rely heavily on email communications, the implications are significant. Weak authentication controls can expose sensitive patient data and may soon appear as high-risk findings during HIPAA risk assessments. The organizations best positioned for the future will be those that modernize authentication strategies now, moving toward phishing-resistant methods, conditional access policies, and layered identity protection.

Reach out to LuxSci today to learn how HIPAA compliant email can support both your organization’s engagement and cybersecurity needs.


FAQs

1. What is traditional MFA?

Traditional MFA refers to authentication methods that require a second verification step, typically SMS codes, email codes, or push notifications.

2. Why can attackers bypass MFA today?

Modern phishing tools can intercept authentication sessions or steal login tokens, allowing attackers to access accounts even when MFA is enabled.

3. What is phishing-resistant authentication?

Phishing-resistant authentication uses cryptographic methods tied to trusted devices, preventing attackers from capturing login credentials.

4. Why is email security especially important for healthcare organizations?

Email systems often contain patient communications and sensitive information, making them a common target for cyberattacks.

5. How can organizations improve authentication security?

Organizations can strengthen identity security by adopting phishing-resistant authentication methods, implementing conditional access policies, and monitoring login activity.

LuxSci Automated Email Encryption

Encryption Optional Email Will Fail Audits in 2026 and Beyond

For years, healthcare organizations have relied on click-to-encrypt email workflows and secure portals as a practical compromise between usability and compliance. Or in some cases, they simply thought most of their emails did not need to be compliant. In regulated industries where data security and privacy are paramount, this approach was still considered “good enough.”

That era is ending.

As we progress into 2026 and beyond, regulators, auditors, and cyber insurers are sending a clear and consistent message: encryption that depends on human choice is no longer acceptable. It’s already happening. Encryption optional email isn’t merely raising concerns, it’s failing audits outright.

An Email Threat Landscape That’s Changing Faster Than Email Habits

Historically, email encryption was treated as a best practice rather than a hard requirement. If an organization could demonstrate that encryption tools existed and that employees had access to them, auditors were often satisfied. The box was checked, everybody moved on.

Today, the questions auditors ask are fundamentally different. Instead of asking whether encryption is available, they are asking whether sensitive data can ever leave the organization unencrypted. If the answer is yes, even in rare cases, or even accidentally, that’s no longer viewed as an acceptable gap. It’s viewed as inadequate control.

Why 2026 Is a Tipping Point for Email Security

Several forces are converging here in 2026 that make optional encryption increasingly untenable. Regulatory scrutiny around PHI and PII exposure continues to intensify. Breach costs and litigation are rising, with email remaining one of the most common vectors for data exposure and breaches. AI is also changing the game for cybercriminals, and attacks will continue to increase and be more sophisticated. As a result, cyber insurers are tightening underwriting requirements and demanding stronger, more predictable controls.

At the same time, email user behavior is unpredictable and inconsistent, which is a non-starter for data security in today’s world.

Taken together, these trends and behaviors point to a single requirement: email security controls must be automated. They must be enforced by systems, not dependent on employee memory, judgment, or good intentions.

The Reality of “Encryption Optional” in Practice

On paper, optional encryption can sound reasonable. In practice, it creates gaps large enough to open you up to a breach.

Secure portals are a good example. They require recipients to click a link, authenticate, and access content in a controlled environment. While this protects data in transit, and is a better approach than no security at all, it also introduces friction. And people don’t like friction. Senders forget to use the portal. Recipients ask for “just a quick email instead.” Shortcuts are taken to save time. And every shortcut becomes a risk.

Click-to-encrypt systems suffer from a similar problem. They rely on users to correctly identify sensitive data and remember to take action. But people often misclassify information, forget to click the button, or assume someone else has already secured the message. From an auditor’s perspective, this isn’t a training failure. It’s a set-up and control failure.

Email Security Defaults Are the New Normal

The latest message from regulators, auditors, and insurers is clear. If encryption is optional, data vulnerabilities become inevitable.

What can you do?

Below is a quick email security checklist to help you get started. Cyber insurers may require or recommend the following safeguards during the underwriting process, such as:

  • Multi-factor authentication (MFA)
  • Endpoint protection
  • Encrypted backups
  • Incident response planning
  • Encryption protocols for sensitive data in transit and at rest, including PHI in emails

In 2026 and beyond, healthcare organizations and regulated industries will be judged not by what they allow, but by what they prevent. Automated, encrypted email is the new. normal.

Want to learn more about LuxSci HIPAA compliant email? Reach out today.

LuxSci Oiva Health

LuxSci and Oiva Health Combine to Form Transatlantic Healthcare Communications Group

Boston & Helsinki, February 12, 2026 – LuxSci, a provider of secure healthcare communications solutions in the United States, and Oiva Health, a Nordic provider of Digital Care solutions in social and healthcare services, today announced that the companies are joining forces. Backed by Main Capital Partners (“Main”), the combination brings together two complementary platforms and teams, forming a strong transatlantic software group focused on secure healthcare communications.

Founded in 1999, LuxSci is a U.S. provider of HIPAA‑compliant, secure email, marketing, and forms solutions. Its application and infrastructure software enable organizations to securely deliver personalized, sensitive data at scale to support a broad range of healthcare communications and workflows including care coordination, benefits and payments, marketing, wellness communications, after care and ongoing care. Certified by HITRUST for the highest levels of data security, LuxSci serves dozens of healthcare enterprises and hundreds of mid‑market organizations.

Founded in 2010, Oiva Health is a provider of digital care and communications solutions in the Nordics. Headquartered in Finland, with additional offices in Denmark, Norway, and Sweden, Oiva Health offers digital care and digital clinic solutions – including digital visits, secure messaging, online scheduling and appointments, and caregiver communications – serving the long-term care, especially elderly care, and occupational healthcare verticals. The company employs approximately 60 people and has recently expanded across the Nordic region, with a growing presence in Norway and Sweden.

The combination of LuxSci and Oiva Health creates a larger, cross Atlantic group with complementary solutions, serving the U.S. and European markets. Together, the companies offer healthcare providers, payers, and suppliers a comprehensive suite of tools to communicate securely and compliantly, spanning communications, workflows, and virtual care delivery.

Daan Visscher, Partner and Co-Head North America at Main, commented: “We are pleased to announce this cross Atlantic transaction, creating an internationally active secure communications player within the healthcare and home care space. The combined product suite enables healthcare organizations to drive much needed efficiency gains in healthcare provision addressing a global trend of rising costs, aging population, and increasing pressure on resources needed to provide high-quality care.”

Mark Leonard, CEO of LuxSci, said, “We are thrilled to join forces with Oiva Health and believe that together we can truly make a difference in healthcare coordination, access, and delivery. We see an exciting path forward with our customers benefiting from an end-to-end, secure and compliant approach to optimizing both healthcare communications and today’s frontline workers, which we need now more than ever.”

Juhana Ojala, CEO at Oiva Health, concluded, “We look forward to this new chapter together with LuxSci. We are very excited about the strong alignment between our solutions, which especially strongly positions us to expand our flagship Digital Care offering to the high-potential U.S. care market – from care coordination to care delivery to in-home and institutional care.”

Nothing contained in this Press Release is intended to project, predict, guarantee, or forecast the future performance of any investment. This Press Release is for information purposes only and is not investment advice or an offer to buy or sell any securities or to invest in any funds or other investment vehicles managed by Main Capital Partners or any other person.

[END OF MESSAGE]

About LuxSci

LuxSci is a U.S.-based provider of secure healthcare communications solutions for the healthcare industry. The company offers secure email, marketing, forms and hosting, delivering HIPAA‑compliant communication solutions that enable organizations to safely manage and transmit sensitive data. Founded in 1999, LuxSci serves more than 1,900 customers across healthcare verticals, including providers, payers, suppliers, and healthcare retail, home care providers, and healthcare systems, as well as organizations operating in other highly regulated industries. LuxSci is HITRUST‑certified with example clients being Athenahealth, 1800 Contacts, Lucerna Health, Eurofins, and Rotech Healthcare, among others.

About Oiva Health

Oiva Health is a Digital Care provider in the Nordics, offering a comprehensive Digital Platform for integrated health and care services to digitalize primary healthcare, social care, hospital healthcare and long-term care services. The company was founded in 2010 and currently employs approximately 60 people in Finland, Denmark, Norway, and Sweden serving domestic municipalities, customers and partners, such as City of Helsinki, Keski-Suomi Welfare Region, Länsi-Uusimaa Welfare Region in Finland, and Viborg municipality in Denmark with its Digital Care platform. Annually over 5 million customer contacts are handled digitally through Oiva Health’s Digital Care and Digital Clinic platforms.  

About Main Capital Partners

Main Capital Partners is a software investor managing private equity funds active in the Benelux, DACH, the Nordics, France, and the United States with approximately EUR 7 billion in assets under management. Main has over 20 years of experience in strengthening software companies and works closely with the management teams across its portfolio as a strategic partner to achieve profitable growth and create larger outstanding software groups. Main has approximately 95 employees operating out of its offices in The Hague, Düsseldorf, Stockholm, Antwerp, Paris, and an affiliate office in Boston. Main maintains an active portfolio of over 50 software companies. The underlying portfolio employs approximately 15,000 employees. Through its Main Social Institute, Main supports students with grants and scholarships to study IT and Computer Science at Technical Universities and Universities of Applied Sciences.

The sender of this press release is Main Capital Partners.

For more information, please contact:

Main Capital Partners
Sophia Hengelbrok (PR & Communications Specialist)

sophia.hengelbrok@main.nl

+ 31 6 53 70 76 86

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HIPAA marketing questions

HIPAA-Compliant Email Marketing: FAQ

Email is an essential channel for most marketers. However, HIPAA regulations raise many questions for healthcare marketers who need to execute email marketing campaigns without violating patient privacy.

HIPAA is a complicated law that offers a lot of guidance but does not require the use of any specific technologies to protect patient privacy. The ambiguity causes a lot of confusion for marketers trying to integrate email into their marketing strategy. This article addresses some frequently asked questions about HIPAA-compliant email marketing and offers advice for securing patient data and futureproofing your marketing.

Do generic practice newsletters need to be protected?

Some marketers assume practice newsletters do not contain health information and, therefore, do not fall under HIPAA requirements. However, this assumption is often incorrect. Many are surprised to learn that protected health information can be implied from seemingly benign information.

In this way, many generic email newsletters often indirectly contain PHI because they are sent to lists of current patients. Email addresses are individually identifiable and combined with the email content; it may imply that they are patients of the practice. For example, say you send a “generic” newsletter to the patients of a dialysis clinic. An eavesdropper may be able to infer that the recipients receive dialysis. Therefore, the email reveals information about an individual’s health treatment, is PHI, and should be secured in compliance with HIPAA regulations.

In some cases, it can be complicated to determine what is PHI and what is not. Using a HIPAA-compliant marketing solution is best to avoid ambiguity and ensure security.

How Do I Find a HIPAA Compliant Email Marketing Vendor?

Unfortunately, using broadly popular email marketing platforms is not recommended. Many of these platforms were designed for e-commerce businesses and are 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 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 email messages and data in transit as it is sent to the recipients.

email marketing vendor comparison

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.

What is an Email API?

API is an acronym that stands for “Application Programming Interface.” An email API gives applications (like CRMs, CDPs, or EHRs) the ability to send emails using data from the application. Email APIs also return campaign data to the platform or dashboards so you can assess the effectiveness of your marketing efforts. Trigger-based transactional or marketing emails are ideal for sending with an email API. In this situation, 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 appointment.

Email APIs enable the automation of common email workflows. However, they are not interchangeable with email marketing platforms. Email APIs do not include the contact management systems standard in most email marketing platforms because all that data lives within the application they connect to. In addition, email API tools typically do not include drag-and-drop editor tools or other design features that help your emails stand out.

Does HIPAA permit providers to send unencrypted emails with PHI to patients?

Encryption is an addressable standard under the HIPAA Security Rule, but that does not mean it is optional. The HIPAA Privacy 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.” 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.
  2. Signed waivers do not insulate you from the consequences of a HIPAA breach.
  3. And finally, using waivers to send unencrypted emails doesn’t eliminate your other HIPAA obligations like data retention and disposal. Using a HIPAA-compliant solution is more manageable and eliminates ambiguity.

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

Yes, but they must be fully informed of the risks and sign waivers acknowledging them. The caveats in the previous answer apply. It’s always better to utilize an encryption tool to protect patient data.

Is Microsoft 365 or Exchange 365 encryption sufficient for marketing emails?

Microsoft 365 can be configured with Office Message Encryption (OME) to comply with HIPAA. However, the program is not well-suited to HIPAA email marketing. 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. If you are a marketer trying to increase engagement, the portal adds a barrier to access that many will not cross. Light-PHI marketing messages are best sent using TLS encryption. TLS-encrypted messages arrive in the recipient’s inbox just like a regular email and do not require a user to log in to read the message.

TLS versus Portal Pickup email encryption

In addition, Microsoft 365 is not configured to send high volumes of email. If you plan to send large marketing campaigns, you could unintentionally disrupt regular business communications by sending all the messages through the same infrastructure. You should separate your business and marketing email sending to protect your IP reputation and achieve your desired sending throughput.

What are common email marketing use cases for healthcare?

Email marketing in healthcare is not restricted to boring practice newsletters. When you utilize tools that enable the use of PHI in your targeting and personalization efforts, the sky is the limit. With consumer preferences shifting toward digital communications, marketers willing to utilize the email channel and tactics like segmentation and personalization can see better results.

Email is an excellent way to communicate with patients. A sampling of ways that healthcare marketers can use email include:

  • engaging patients in their healthcare journey
  • educating patients about their healthcare conditions and treatments
  • improving attendance and scheduling
  • retaining patients
  • increasing preventative procedures
  • collecting data on the patient experience
  • improving patient satisfaction

Conclusion

HIPAA can be difficult to understand, but choosing the right tools and adequately vetting your vendors makes it easy to execute HIPAA-compliant email marketing campaigns. If you are interested in learning more about LuxSci’s easy-to-use, Secure Marketing platform, please contact our sales team.

HIPAA Emailing Patient Information

How Does HIPAA Emailing Patient Information Work Securely?

HIPAA emailing patient information requires healthcare organizations to implement encryption protocols, authentication controls, and business associate agreements that protect electronic protected health information during transmission and storage. Federal privacy regulations mandate that all email communications containing patient data meet stringent security standards to prevent unauthorized access, interception, or disclosure. Healthcare providers must understand which types of patient information can be transmitted via email, what security measures are necessary, and when alternative communication methods provide better protection for sensitive health data.

Permitted Uses of Email for Patient Communications

Healthcare providers can use email to communicate with patients about treatment, payment, and healthcare operations without obtaining specific authorization under HIPAA regulations. Appointment reminders, general health education materials, and prescription refill notifications fall within permitted communications that do not require patient consent. Laboratory results, medication instructions, and follow-up care guidance can be transmitted through secure email channels when proper encryption protects the information.

Treatment coordination between healthcare providers allows email communication about patient care without patient authorization when all parties are involved in the patient’s treatment. Referrals to specialists, consultation requests, and care plan discussions can occur through encrypted email platforms that meet security requirements. Payment communications including billing statements, insurance verification, and claim status updates are permissible through secure channels.

Healthcare operations activities such as quality improvement initiatives, case management, and care coordination support email communication when security measures protect patient information. Staff training scenarios using de-identified patient cases can be shared via email without violating privacy rules. Administrative functions including appointment scheduling and general practice information distribution do not require patient authorization when conducted through secure systems.

Limitations exist for certain types of sensitive health information that require extra protection beyond standard email security. Psychotherapy notes, substance abuse treatment records, and HIV test results need enhanced safeguards or alternative communication methods. Mental health information and genetic testing results may warrant more secure transmission methods than standard encrypted email provides.

Encryption Requirements for Patient Data Transmission

Message-level encryption converts email content into unreadable code before transmission, ensuring that only intended recipients can decrypt and read patient information. Advanced Encryption Standard 256-bit encryption provides strong protection that meets healthcare industry standards for securing electronic protected health information. Transport Layer Security protocols create secure connections between email servers during message delivery, preventing interception while communications travel across networks.

End-to-end encryption protects messages throughout their entire journey from sender to recipient, maintaining security even if intermediate servers are compromised. Automatic encryption activation eliminates human error by securing all outbound messages without requiring staff to remember manual encryption procedures. HIPAA emailing patient information demands consistent encryption application across all communications containing protected health information regardless of content sensitivity.

Key management systems protect the encryption keys that secure patient communications while enabling authorized recipients to decrypt necessary messages. Secure key storage prevents unauthorized access while backup procedures protect against data loss during system failures. Certificate-based authentication verifies recipient identity before allowing message delivery, reducing risks of misdirected emails containing patient information.

Digital signatures provide verification that messages originated from legitimate healthcare sources and were not altered during transmission. Integrity checks detect any unauthorized modifications to email content, alerting recipients when communications may have been tampered with during delivery. These verification mechanisms build trust in email communications while meeting regulatory requirements for data integrity.

Access Controls and User Authentication

Multi-factor authentication requires users to provide multiple forms of identification before accessing email accounts containing patient information. Password combinations with mobile verification codes, biometric scans, or hardware tokens create layered security that prevents unauthorized account access. Authentication systems should integrate smoothly with existing healthcare technology to avoid creating workflow barriers that encourage security shortcuts.

Role-based permissions ensure healthcare staff can only access patient communications relevant to their job functions and care relationships. Physicians need different access levels compared to billing specialists or administrative personnel, with granular controls preventing inappropriate information viewing. Automatic permission adjustments when staff change roles or departments maintain appropriate access restrictions as organizational structures evolve.

Session management protocols automatically log users out after inactivity periods, preventing unauthorized access from unattended workstations. Concurrent login monitoring detects unusual access patterns such as simultaneous logins from different geographic locations that might indicate account compromise. Immediate access revocation procedures ensure departing employees lose email access promptly to protect patient information.

Audit logging tracks all user activities within email systems including message viewing, sending, forwarding, and administrative actions. Detailed logs capture who accessed which patient communications, when access occurred, and what actions were performed. These records support security investigations, regulatory audits, and compliance monitoring while deterring inappropriate information access.

Business Associate Agreements and Vendor Responsibilities

Written contracts between healthcare organizations and email service providers establish clear responsibilities for protecting patient information during transmission and storage. Agreements must specify encryption standards, security measures, incident reporting timelines, and procedures for handling patient data when contracts terminate. Liability allocation clauses define financial responsibilities when security breaches result from provider system failures or negligence.

Vendor security certifications demonstrate that email providers maintain appropriate controls for protecting healthcare information. SOC 2 audits verify security measure effectiveness while HITRUST certification indicates healthcare industry experience and compliance knowledge. Current certifications provide assurance that providers maintain security standards consistently rather than just during initial implementations.

Incident response procedures outlined in agreements specify how providers will notify healthcare organizations when security breaches occur involving patient information. Notification timelines should allow organizations to meet their own breach notification obligations to patients and regulatory authorities. Provider responsibilities for breach investigation, containment, and remediation should be clearly defined in contractual terms.

Data retention and destruction procedures govern how providers handle patient information when business relationships end or retention periods expire. Secure deletion methods ensure patient data cannot be recovered after authorized destruction. Healthcare organizations conducting HIPAA emailing patient information need verification that providers completely remove all patient communications from their systems when required.

Patient Consent and Communication Preferences

Healthcare organizations should obtain written consent before emailing detailed medical information to patients, even though regulations may not require authorization for treatment communications. Consent forms should explain security measures while acknowledging inherent risks in electronic transmission despite encryption protection. Patients need clear information about how to protect their own email accounts from unauthorized access that could compromise their health information.

Communication preference documentation helps healthcare organizations understand which patients are comfortable receiving health information via email versus those preferring telephone calls or postal mail. Preference tracking systems ensure staff use appropriate communication methods for different patients based on their documented choices. Alternative communication options should remain available for patients who decline email communications or lack secure email access.

Content appropriateness guidelines help staff determine what patient information is suitable for email transmission versus what requires more secure communication methods. Routine test results and medication changes may be appropriate for encrypted email while complex diagnoses or poor prognosis discussions warrant telephone or in-person conversations. Emergency situations and urgent symptoms require immediate communication methods rather than email that patients might not check promptly.

Patient education about email security helps individuals understand their role in protecting their health information during electronic communications. Instructions about recognizing legitimate healthcare emails, maintaining strong passwords, and reporting suspicious activities empower patients to participate in securing their information. Healthcare organizations benefit from providing clear guidance about email security practices and potential risks.

Compliance Monitoring and Risk Management

Security assessments evaluate whether email systems maintain appropriate protections for patient information throughout their operational lifecycles. Penetration testing identifies vulnerabilities that could allow unauthorized access while security audits verify that controls function as intended. Assessment schedules should include testing after system updates, configuration changes, or security incident discoveries.

Policy development establishes clear guidelines about what patient information can be transmitted via email and what security measures staff must follow. Written policies should specify encryption requirements, recipient verification procedures, and content appropriateness criteria. Policy review schedules ensure guidance remains current as technology and regulations evolve.

Staff training programs educate healthcare workers about proper procedures for HIPAA emailing patient information through secure channels. Training should cover encryption activation, recipient verification, content appropriateness, and incident reporting responsibilities. Documented training records demonstrate compliance efforts during regulatory inspections while reinforcing security culture within organizations.

Incident response planning prepares healthcare organizations to handle security breaches involving email communications containing patient information. Response procedures should include immediate containment measures, breach scope assessment, affected patient notification, and regulatory reporting. Practice drills help ensure staff can execute response plans effectively during actual security emergencies that threaten patient information.

Healthcare Marketing Compliance

What Is Email Marketing For Healthcare?

Email marketing for healthcare is targeted communication strategy that medical organizations use to engage patients, promote wellness services, share health education content, and encourage preventive care while maintaining regulatory compliance and patient privacy protections. This specialized approach helps healthcare providers, payers, and suppliers build stronger relationships with their communities through informative, valuable email communications. Email marketing for healthcare differs from traditional marketing because it must balance promotional objectives with medical ethics, patient trust, and strict privacy regulations. Understanding email marketing for healthcare helps medical facilities develop communication programs that support patient engagement, improve health outcomes, and grow their practices while respecting regulatory requirements and maintaining professional standards.

The Use of Email Marketing For Healthcare

Email marketing for healthcare encompasses several communication types including patient education newsletters, appointment reminders, wellness program promotions, and health screening campaigns. Patient education emails provide valuable health information, seasonal wellness tips, and disease management guidance that helps recipients make informed healthcare decisions. These educational communications build trust and establish healthcare organizations as reliable health information sources.

Appointment and follow-up communications use email to streamline patient care coordination, reduce no-show rates, and improve treatment adherence. Wellness program promotions encourage patients to participate in health screenings, fitness classes, vaccination clinics, and other preventive care activities. Event marketing emails promote health fairs, educational seminars, and community health initiatives that benefit both patients and the broader community. Service line marketing allows healthcare organizations to promote specific departments or specialties to patients who have expressed interest in related services. Women’s health programs, cardiac care services, and orthopedic treatments can be marketed to relevant audience segments based on demographic factors and self-reported health interests rather than protected medical information.

Patient retention campaigns use email to maintain ongoing relationships with existing patients, encouraging regular check-ups, annual screenings, and continued engagement with healthcare services. These campaigns focus on long-term health maintenance rather than immediate sales objectives.

Regulatory Framework and Privacy Considerations

Email marketing for healthcare must comply with HIPAA privacy regulations that govern how protected health information can be used for communication purposes. Healthcare organizations cannot use patient medical records, diagnosis codes, or treatment histories for marketing without explicit written authorization from patients. General health education content can be sent without authorization, but targeted campaigns based on specific health conditions require proper consent procedures.

The CAN-SPAM Act applies to all commercial healthcare emails, requiring truthful subject lines, clear sender identification, valid physical addresses, and functional unsubscribe mechanisms. Healthcare organizations must honor opt-out requests promptly and maintain suppression lists to prevent future unwanted communications. State privacy laws may impose additional requirements that healthcare organizations must research and implement. Business associate agreements become necessary when healthcare organizations use third-party email platforms or service providers to handle patient information during marketing activities. These agreements ensure that vendors maintain appropriate privacy protections and comply with healthcare industry regulations. Healthcare organizations remain responsible for ensuring their email marketing practices meet all applicable regulatory requirements.

Patient consent management requires systems to track when and how patients provided authorization for different types of marketing communications. Organizations need documentation showing patient consent for targeted campaigns and procedures for updating preferences when patients change their communication choices.

Technology Platforms and Integration Requirements

Email marketing for healthcare requires specialized platforms that provide HIPAA compliance features, data encryption, audit logging, and business associate agreements. These platforms must protect patient information during campaign creation, delivery, and performance tracking while maintaining security standards appropriate for healthcare data. Standard consumer email marketing platforms may not provide adequate privacy protections for healthcare communications.

Integration capabilities allow email marketing for healthcare systems to connect with electronic health records, patient management platforms, and appointment scheduling systems. These integrations enable automated campaign triggers based on appointment dates, discharge events, or routine care intervals without exposing sensitive medical information to unauthorized personnel. Single sign-on features allow staff to access email marketing tools using existing healthcare system credentials. List management functionality should support consent tracking, preference management, and compliance reporting requirements specific to healthcare organizations. Segmentation tools need to work with demographic and behavioral data rather than protected health information to maintain privacy compliance. Automated workflows can personalize communications based on publicly available information and patient preferences.

Security monitoring and audit trails provide detailed logging of who accesses patient information, what campaigns are created and sent, and how patient data is used for marketing purposes. These features support compliance demonstrations during regulatory reviews and help organizations investigate potential privacy incidents.

Patient Engagement and Content Strategies

Email marketing for healthcare should prioritize patient value and health outcomes over purely promotional messaging to build trust and encourage long-term engagement. Educational content performs better than sales-focused communications because patients appreciate receiving useful health information that helps them make better healthcare decisions. Content should be evidence-based, medically accurate, and reviewed by qualified healthcare professionals before distribution.

Personalization strategies must balance engagement benefits with privacy requirements and regulatory constraints. Basic personalization using names, preferred languages, and geographic information can improve response rates without requiring protected health information. More detailed personalization based on health interests or conditions requires explicit patient authorization and careful data management procedures. Timing and frequency considerations help healthcare organizations maintain patient engagement without overwhelming recipients with excessive communications. Different types of healthcare emails may require different sending schedules based on urgency, content type, and patient preferences. Appointment reminders need timely delivery, while educational newsletters can follow regular monthly or quarterly schedules.

Interactive content such as health assessment questionnaires, symptom checkers, and wellness challenges can increase patient engagement while providing valuable health information. These interactive elements should collect only necessary information and maintain appropriate privacy protections throughout the user experience.

Performance Measurement and Optimization

Email marketing for healthcare should be evaluated using metrics that reflect patient engagement, health outcomes, and organizational objectives rather than purely commercial success indicators. Appointment booking rates, health screening participation, and patient satisfaction scores provide more meaningful performance measurements than traditional marketing metrics alone. These healthcare-specific metrics demonstrate how email communications support patient care and organizational mission.

Patient feedback collection through surveys, focus groups, and direct communication helps healthcare organizations understand recipient preferences and identify areas for improvement. Regular feedback collection demonstrates commitment to patient-centered communication approaches and provides insights for optimizing future campaigns. Feedback should guide content development, timing decisions, and overall communication strategy adjustments. A/B testing can improve campaign performance by comparing different subject lines, content formats, sending times, and call-to-action approaches while maintaining compliance requirements. Testing should focus on elements that affect patient engagement and health outcomes rather than manipulative tactics that might undermine patient trust.

Long-term performance analysis helps healthcare organizations understand the cumulative impact of their email marketing efforts on patient relationships, care utilization patterns, and health outcomes. This analysis supports continuous improvement initiatives and demonstrates the value of patient communication investments to organizational leadership and stakeholders.

Introducing Unified Login: Seamless Access Across Your LuxSci Accounts

At LuxSci, we’re committed to making secure communication easier and more efficient for healthcare organizations. Today, we’re excited to introduce Unified Login—a new feature that simplifies identity management and streamlines access to multiple LuxSci accounts, helping users and administrators save time and improve workflows, without sacrificing security.

If your organization manages multiple LuxSci accounts—or if you’re new to LuxSci and require multiple secure email accounts and domains—switching between them just became faster, easier, and more efficient. With Unified Login, users can seamlessly move between linked accounts without the hassle of repeated logins, ensuring uninterrupted productivity while maintaining strict security and compliance standards.

Why Unified Login?

Healthcare professionals, IT administrators & security, marketing teams, and compliance officers often need to manage multiple secure email accounts across different departments, domains, or business units. Traditionally, switching between accounts required a separate login, disrupting workflows and wasting time by requiring multiple logins and passwords.

With LuxSci’s new Unified Login feature, administrators can link user identities across accounts and domains, enabling one-click access without repeated authentication. This means:

  • More Efficiency – No more logging in and out multiple times a day. Switch identities instantly and move between accounts uninterrupted.
  • Better User Experience – Access the accounts and resources you need in seconds, with a seamless transition between roles and domains.
  • Strong Security & Compliance – Every identity switch is logged for full transparency. Actions performed under a switched identity also track who switched into the identity, ensuring security and regulatory compliance are maintained.

Real-World Use Cases

Here’s how Unified Login can benefit different healthcare functions and use cases:

Compliance Officers & IT Security

A compliance officer or IT security director conducting an audit across multiple business units can quickly switch between accounts to check email logs, security settings, and compliance reports—saving time and reducing administrative burdens.

Healthcare Marketing Teams

A healthcare marketing professional or a digital communications manager sending out segmented campaigns across different services, products, or brands can quickly and easily navigate between campaigns and results for each account or domain.

IT Administrators Managing Multiple Accounts

A hospital or health plan IT administrator overseeing multiple accounts for different departments (e.g., patient services, billing, and compliance) can now switch between accounts instantly—without re-entering credentials each time. This speeds up troubleshooting, reporting, and user management, making workflows significantly more efficient.

Physicians & Providers with Multiple Roles

A doctor working across multiple clinics or locations with separate email accounts can easily transition between them without needing to log out and back in. Whether reviewing patient communications or sending secure messages, Unified Login ensures a seamless and secure experience.

How It Works

Unified Login provides administrator-managed identity linking, ensuring organizations retain full control over who can switch between accounts. The feature supports:

  • Unique Access Separation – Users maintain distinct identities, having quick access when needed.
  • Shared & Delegated Access – Teams working across multiple accounts can transition seamlessly.
  • Administrative Access – IT and compliance teams can manage multiple accounts efficiently while maintaining strict security protocols.

The main features of Unified Login include:

  • Administrators can link individual users to other users in the same or a different account.
  • Users can switch identities with one click without the need to re-authenticate.
  • Each identity switch starts a new session, giving the user the same access and permissions as the target identity.
  • Access and audit logs reference the original user, preserving accountability.

Once configured, users will see a “Switch Identity To” section in their account menu. Clicking on a linked identity seamlessly switches to a new session with the appropriate permissions, ensuring security while keeping workflows uninterrupted. If two or more identities are available, a “View All Identities” option appears.

Designed for Secure Healthcare, Built for Convenience

As a leader in HIPAA-compliant secure communications, LuxSci understands the challenges of balancing efficiency with security. Unified Login is ideal for healthcare organizations that need:

  • Secure, streamlined workflows for managing multiple email accounts for multiple business units, departments, or locations.
  • Faster access to multiple accounts for authorized personnel without compromising compliance.
  • Reduced password fatigue for users managing multiple roles or accounts.

Get Started with LuxSci Unified Login

Current LuxSci customers interested in using this service can request that it be enabled on their account, via a support ticket. You can also refer to our technical documentation for more information. If you’re new to LuxSci, reach out and learn more today.