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What is a HIPAA Compliant Form?

LuxSci HIPAA Compliant Forms

In healthcare today, patient data is one of the most valuable assets that any provider, payer or supplier can possess. As well as being highly valuable, however, the nature of patient data also makes it highly sensitive. That’s where HIPAA compliant forms come in. A HIPAA compliant form refers to any document or electronic form used to collect, access, or store protected health information (PHI), while also meeting the privacy and security requirements outlined by the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is designed to safeguard patient data and protect health information (PHI) from unauthorized access, disclosure, and use.

With the rise of digital interactions in the healthcare industry, one of the best ways to capture and manage sensitive data is through secure forms. Whether onboarding new patients, scheduling appointments, gathering patient feedback, conducting surveys, or carrying out marketing campaigns, securely collecting patient information and business intelligence via HIPAA compliant forms can provide huge opportunities for improved efficiency and a better overall patient or customer experience.

In this article, we’ll explore the essential role secure forms play in collecting patient data, why healthcare companies should use HIPAA compliant forms to capture PHI, and subsequently, how to create secure and compliant forms for use in your everyday healthcare operations.

Why HIPAA Compliant Forms are Crucial for Healthcare?

A secure form (or secure web form) is a type of online form designed to collect, transmit, and store data and business intelligence, while maintaining strict security standards, including compliance with HIPAA regulations. Secure forms typically incorporate encryption and authentication protocols to ensure data is protected from unauthorized access during submission and storage.

In the context of healthcare, secure forms are specifically designed to capture PHI, which includes a patient’s name, address, medical history, diagnoses, treatment plans and other personal details related to their health.

Healthcare organizations, such as hospitals, doctors’ offices, clinics, in-home care services, retail healthcare, testing services and laboratories, health plan administrators, insurers, and medical equipment providers all deal with patient data on a daily basis. The sensitive and important nature of this data makes it a prime target for cybercriminals, who seek to use it for financial gain or other malicious purposes, including disrupting critical infrastructure and business operations, identity theft, and more.

Accounting for this, when scheduling appointments, onboarding new patients, or conducting surveys, for example, healthcare companies must use secure forms that adhere to HIPAA guidelines to ensure patient data is properly secured.

These include:

  • Data is encrypted in transit, when being collected from the form and transferred to storage, and at rest, where the patient data will reside, i.e. in a database.
  • Only authorized users, i.e., employees with good reason to handle PHI, have access to patient data.
  • Authorized users are also properly authenticated, to ensure they are who they claim to be, i.e., credentials haven’t been stolen, a session hasn’t been hijacked, etc.

Conversely, using unsecured forms to collect PHI could result in the data being compromised in a breach—and your organization suffering the associated consequences. As well as the financial penalties of a security breach, such as fines and compensation paid to the affected parties, more significantly, you’ll incur a dent in your reputation of your business and a loss of patient trust. 

Key Applications for Secure Forms in Healthcare

Now that we’ve covered why HIPAA compliant forms are vital for healthcare organizations, let’s look at some of the most effective ways they can be utilized.

1. New Patient Onboarding and Registration

Gathering basic information, such as their medical history, insurance details, and personal information, is a fundamental part of onboarding new patients. Secure forms allow patients to submit their sensitive data through a safe, encrypted platform, mitigating the risk of data exposure considerably and reducing or eliminating the need for human intervention in the process.

Additionally, automated form submissions, using data from electronic health record (EHR) systems and other integrated tools save time for healthcare providers and patients, offering a streamlined registration experience and improved workflows.

2. Appointment Scheduling

Secure forms offer an efficient way for patients to schedule their appointments, reducing time, effort, and administrative overhead by eliminating the need for a phone call or back-and-forth email conversation through automated scheduling. When integrated properly, the completion of a secure form can trigger appointment confirmation and reminder emails to reduce missed appointments. Allowing patients to book appointments in this way drastically reduces the amount of friction involved, making it far easier for patients to comply and making sure they don’t miss appointments. 

3. Patient and Customer Surveys

Feedback from patients plays a crucial role in improving healthcare services and experiences, allowing companies to pinpoint areas for refinement. Requesting feedback is also highly beneficial for a company’s long-term relationship with a patient or customers, as it demonstrates they value their opinion and want to incorporate it into their ongoing commitment to excellent service and efficient healthcare journeys; this makes patients more inclined to trust them, strengthening their connection and overall engagement.

Whether for patient satisfaction surveys or follow-up care assessments, secure forms offer a compliant means of collecting valuable feedback without jeopardizing PHI.

4. Email Communications and Marketing Campaigns

Email marketing in healthcare can be a tricky endeavor, especially when it comes to getting patients to opt-in and for classifying and handling PHI.

By using secure forms, healthcare organizations can gather consent from patients for email communications and marketing campaigns. Secure forms ensure that any sensitive patient data (i.e., preferences for specific treatments or communications) is submitted safely and stored in compliance with privacy regulations.

End-to-End Security for Form Data

An essential requirement of secure forms used by healthcare providers, payers, and suppliers is that they provide end-to-end security, i.e., protecting form data throughout its entire lifecycle—from submission to storage to access. Here are the measures required to ensure end-to-end security for PHI captured by web forms.

1. Secure Transmission

As alluded to earlier, when a patient submits data through a form, it must be encrypted while being transmitted from the form, i.e., the place of capture, to where it will be stored. Using Secure Socket Layer (SSL) or Transport Layer Security (TLS) encryption ensures that sensitive data, such as PHI, is protected from interception by malicious actors.

2. Secure Storage

Similarly, after submission, form data must be stored securely in an encrypted database to ensure HIPAA compliance. Subsequently, in the event the database is breached and the PHI exfiltrated, it will be undecipherable to cybercriminals, protecting the data from exposure.

3. Access Control and User Authentication

Organizations must ensure that only authorized personnel can access sensitive patient data, according to their responsibilities regarding PHI. In addition to this, healthcare organizations must implement strong authentication mechanisms, such as multi-factor authentication (MFA) and robust password practices, to facilitate user authentication. These mitigation measures are interconnected as they help better secure data even if a hacker gets their hands on an authorized employee’s login details.

4. Audit Logs

Additionally, companies must maintain audit, or activity, logs to carefully track who accessed PHI, when, where they accessed it from, and why, i.e., how they acted upon the data. This helps identify suspicious or malicious behavior and, in the event of a breach, pinpoint its origin and contain its spread. Audit logs can also reveal which employees have too many access privileges, enabling healthcare organizations to tighten up their access control policies.

Best Practices for Creating Secure Forms

Finally, here are some best practices to align with when employing the use of secure forms to collect patient data.

1. Use a Secure Form Builder

Choose a solution, such as LuxSci, that specializes in secure, HIPAA compliant forms. This ensures that all data collection, transmission, and storage are adequately encrypted and that compliance standards are met.

2. Enable Encryption

Always use encryption protocols, such as SSL or TLS, to protect data in transit, as well as encrypted databases, to store data. This ensures that data, especially sensitive PHI, remains encrypted according to HIPAA regulations.

3. Implement Role-Based Access

Ensure that access to sensitive data collected from forms is restricted based on roles within your organization. Only those who need the data to perform their jobs should have access, i.e., role-based access control (RBAC).

4. Keep Forms Simple

Avoid overwhelming patients and customers with too many fields or questions and focus on collecting the essential data necessary for the task at hand. This increases the likelihood the form will be filled out correctly and you’ll capture all necessary PHI.

5. Test Your Forms

Regularly test your forms for user experience, security vulnerabilities and functionality issues. Vulnerabilities in your forms could lead to data breaches or compliance violations, so regularly probing your forms for weaknesses, and acquiring up-to-date data intelligence to discover emerging threats, ensures they remain secure.

Why LuxSci’s Secure Forms Stand Out

LuxSci offers a fully HIPAA compliant Secure Forms solution, designed specifically with the security needs of healthcare organizations in mind. This includes:

  • End-to-End Security: Data is protected through advanced encryption protocols during transmission and storage, ensuring patient data remains confidential.
  • Customization: Forms can be easily created and customized to collect a wide range of patient and customer information, including PHI, appointment details, feedback, and consent for communications.
  • Seamless Integration: The LuxSci Secure Forms solution integrates with existing healthcare systems that store PHI to enable streamlined workflows and centralized data management.
  • Audit Trails: LuxSci provides comprehensive audit logging to track every action taken on the data, offering accountability and transparency in accordance with HIPPA guidelines.

Want to learn more about how LuxSci’s Secure Forms will help you achieve HIPAA-compliant patient data collection? Contact us today to talk with our expert team.

 HIPAA Compliant Forms FAQs

1. What is the difference between a secure form and a regular form?

A secure form uses encryption and security protocols to ensure that data is protected during transmission and storage. Regular forms don’t necessarily offer these risk mitigation measures, making them far more vulnerable to data breaches, especially in healthcare.

2. Is LuxSci’s Secure Forms solution HIPAA-compliant?

Yes, LuxSci’s Secure Forms are fully HIPAA-compliant, ensuring the privacy and security of Protected Health Information (PHI).

3. How does encryption work in secure forms?

Encryption transforms data into unreadable code during transmission and at rest, so only authorized recipients with the decryption key can access the original data, ensuring that sensitive information remains confidential—even in the event of a breach.

4. Can secure forms be integrated with other healthcare systems?

Yes, LuxSci Secure Forms integrate seamlessly with other healthcare systems, platforms and applications, including customer data platforms (CDPs), electronic health records (EHR) systems, and revenue cycle management (RCM) platforms, making it easier to manage collected data—and, better still, keep it secured.

5. Why is end-to-end security important for healthcare forms?

End-to-end security ensures that patient data remains protected throughout the entire process—from submission to storage to subsequent access. This reduces the risk of data breaches and ensures HIPAA compliance.

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Business Associate Agreement

Understanding Business Associate Agreements (BAAs) and Shared Responsibility

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.

HIPAA Compliant Email

Signing a BAA Does Not Automatically Make You HIPAA Compliant

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.

            healthcare marketing

            How Hypersegmentation Drives Greater Healthcare Marketing Engagement

            In healthcare marketing, effective engagement is crucial. It’s imperative that healthcare providers, payers, and suppliers know how to connect with their patients and customers, keeping them aware of all aspects of their healthcare journey – and empowering them to participate as much as possible. 

            This is where segmentation comes in. 

            Instead of sending out healthcare marketing email communications that appeal to as many people as possible, segmentation enables healthcare companies to appeal to specific individuals or groups. It opens the doors for scenarios in which patients and customers see a message in their inbox and think, ‘this message is for me’. 

            With that goal in mind, this post explores use cases and best practices in segmentation, why it’s so important for healthcare companies, and different ways that marketers can segment their audiences for optimal patient and customer engagement.

            What is Segmentation?

            Segmentation is the process of dividing your contact list, or audience, into smaller groups based on shared data, including protected health information (ePHI) characteristics. This could include demographics (age, gender, geographic location, etc.), medical conditions, risk factors, behaviors, and so on. 

            Why Segmentation is Essential in Healthcare Email Marketing

            For healthcare organizations, segmentation is a highly effective, and essential, strategy for sending patients and customers personalized email messaging. Personalized emails are more relevant to the recipient, which greatly increases the chance of them capturing their attention and subsequent engagement. 

            This allows healthcare companies to successfully achieve the objective of their email campaigns, whether that’s reducing the number of appointment no-shows, increasing adherence to care plans, securing payments, or boosting sign-ups or sales. More importantly, patients and customers are more involved in their healthcare journey, staying on top of upcoming appointments, receiving applicable advice and recommendations, and becoming aware of products and services that may prove beneficial to their health, improving overall outcomes. 

            Additionally, dividing audiences into distinct groups gives healthcare organizations invaluable insights into the behaviour and needs of different segments at different stages of the healthcare journey. 

            For instance, an email campaign targeting a particular segment may reveal that they’re more likely to miss appointments than other groups. Similarly, segmentation may highlight that a certain high-risk group neglects to book recommended health screenings. Such insights enable healthcare providers, payers, and suppliers to improve their email engagement strategies, to drive more desirable outcomes and, ultimately more satisfied, loyal, and, above all, healthier patients and customers. 

            How Can Segmentation Aid HIPAA Compliance?

            Another considerable benefit of segmentation for healthcare organizations is that it supports their HIPAA compliance efforts. Because segmentation necessitates setting precise rules that control which individuals receive particular emails, it greatly mitigates the risk of accidentally sending sensitive patient data to the wrong person. 

            Let’s say, for instance, that you want to conduct an email campaign targeting expectant mothers. By creating a segment comprised of pregnant patients or customers using the appropriate data field, you ensure that sensitive, pregnancy-related information is only sent to relevant parties. By reducing the likelihood of disclosing PHI to the wrong individuals, segmentation not only helps maintain regulatory compliance, but also preserves patient trust and confidence in your organization.

            Different Ways to Segment Your Audience 

            Demographic Segmentation

            This involves grouping individuals by shared demographic attributes such as:

            • Age
            • Gender
            • Location
            • Ethnicity
            • Education Level
            • Employment Status
            • Marital Status
            • Family Status
            • Socioeconomic Status (Income)
            • Spoken Languages / Preferred Language
            • Income
            • Insurance Coverage Type
            • Religious or Cultural Affiliations

            Demographic information is a very powerful way to segment audiences to send them valuable, highly relevant information, for example:

            • Sending mammogram or prostate screening recommendations to women or men over a certain age. 
            • Sending health alerts to people in a certain region or ZIP code in response to the emergence of a disease in their area (e.g., flu, a new COVID strain). 
            • Making educational material easy to understand and informative. 

            Clinical Segmentation

            Here, individuals are grouped according to medical criteria, such as:

            • Health conditions
            • Prescribed medications
            • Treatment plans
            • Recent surgeries or medical procedures 
            • Recent lab test results
            • Hospitalization history
            • Vaccination status

            This enables healthcare organizations to craft a wide range of specific communications that hone in on particular patients and customers, including:

            • Disease management and preventative care advice for people suffering from certain conditions, e.g, how diabetic patients can best monitor and manage their blood sugar.
            • Recovery guidance for post-operative patients. 
            • Feedback requests for individuals on particular treatment plans, in an effort to optimize them. 

            Healthcare Journey Stage Segmentation

            This divides individuals according to their position in their care journey within your organization. 

            For healthcare providers, new patients should receive onboarding materials, explanations of services and how to make the most of them, and similar materials that help them feel welcome and informed. Existing patients, meanwhile, can be further segmented into active, overdue (inactive), or high-risk groups – all of which have different needs and ways in which they should be communicated with: 

            • Active patients: appointment reminders, educational materials, event and service recommendations, satisfaction surveys, etc. 
            • Overdue and inactive patients: appointment or payment reminders, re-engagement communications, etc. 
            • At risk patients: more frequent communications, care coordination messages, or support service referrals

            Behavioral Segmentation

            This method of segmentation is based on how recipients interact with emails or services, including:

            • How often they open emails.
            • If they click through on links.
            • If they use patient portals.
            • If they complete forms.
            • How often they attend scheduled appointments. 

            This segmentation empowers healthcare organizations to tailor the content type, frequency, and calls-to-action based on real engagement insights, and also carry out automated workflows based on each individual’s interaction with an email.

            Supercharge Your Segmentation with LuxSci

            LuxSci’s empowers healthcare organizations to effectively segment their contact lists into distinct target audiences for greater engagement in the following ways:  

            • LuxSci Secure Marketing features powerful hypersegmentation capabilities for granular targeting that increase opens, clicks and conversions for your healthcare marketing campaigns. 
            • LuxSci Secure High Volume Email enables companies to execute campaigns encompassing hundreds of thousands or millions of emails, targeting specific groups and audiences. 
            • Easy integration with EHR, CDP, and CRM systems to leverages deeper levels data for highly targeting, highly personalized email campaigns. 

            Reach out today to learn how LuxSci can help you reach more patients and customers, drive more engagement and conversions, and improve overall outcomes.

            healthcare marketing

            How Automated Workflows Boost Engagement for Healthcare Marketing Campaigns

            Due to the fact that it’s simple, instantaneous, cost-effective, and nearly universally adopted, email is an essential part of all healthcare marketing engagement strategies. However, consistent, personalized email engagement – particularly at scale – can be challenging. 

             

            Fortunately, Automated Workflows offer a solution, allowing healthcare companies to deliver the right messages to the appropriate individuals at the right time, based on their individual engagement with emails.. 

             

            In this post, we’ll explore the concept of Automated Workflows, the considerable benefits they offer healthcare companies, and the variety of ways they can be used to increase engagement and result in greater satisfaction and better healthcare outcomes for your patients and customers.

            What Are Automated Workflows?

            An Automated Workflow is a sequence of actions, known as’ Steps’ in LuxSci Secure Marketing, that a Contact (i.e., a patient or customer) moves through over time, based on a series of pre-defined rules or triggers. 

             

            Each Step is programmed to automatically perform a specific function, such as sending an email or updating a Contact, when certain conditions are in place. These conditions could include: 

            • A Contact opening a message.
            • A Contact clicking through on a link.
            • A specified amount of time having elapsed.. 
            • A data update via an API call

            By evaluating conditions to initiate the appropriate Step, Automated Workflows facilitate more timely, consistent, and personalized communication with Contacts (patients and customers ). As a result, healthcare companies can effectively harness Automated Workflows to develop dynamic, personalized email engagement journeys that adapt according to your patients and customers’ needs and prior interactions.

            What Are the Benefits of Automated Workflows?

            Let’s look at the various advantages that Luxsci Automated Workflows offer. 

            Reduced Administrative Workload

            Arguably, the most significant benefit of Automated Workflows is the extent to which they lower the administrative burden of email engagement campaigns for healthcare organizations. 

             

            First and foremost, Automated Workflows eliminate the need for an employee to manually send your Contacts messages. As well as the manual effort, it removes a great deal of thought from the process – as someone isn’t required to remember to send an email. 

             

            By the same token, this reduces the scope for human error, preventing the possibility of an employee neglecting to send an important message, sending it to the wrong person, or worse, accidentally exposing patient data, i.e., electronic protected health information (ePHI). 

             

            The effort that Automated Workflows reduce is typically repetitive work that staff are glad to be free of, giving them additional time to focus on tasks that provide greater value and better contribute to better patient care and/or the customer experience. 

            Enhanced Scalability

            The time saved by employing Automated Workflows increases with the size of your Contact List and the scale of your engagement campaigns. In fact, enterprise-scale campaigns, with volumes of hundreds of thousands to millions of emails, are only feasible through the use of automation. 

             

            Similarly, Automated Workflows enable healthcare organizations to run differing, personalized email campaigns aimed at unique patient or customer segments.  As well as automatically sending each message at the appropriate time, they provide tracking capabilities to determine the outcome of each message. 

            Increased Consistency in Communication

            Because Automated Workflows remediate the risk of emails going unsent, they facilitate more timely and consistent communications with patients and customers. This makes healthcare providers, payers, and suppliers appear more reliable and consistent, building trust and greater levels of satisfaction from Contacts. More importantly, recipients are better able to track what’s happening with their healthcare and assume a more proactive role overall healthcare journey..

             

            Finally, creating an Automated Workflow requires healthcare organizations to carefully consider how they communicate with different Contact segments. Namely, the likely journey, or communication path, different types of Contacts take, i.e., information they need to know at a particular stage in their healthcare journey, the optimal order in which information needs to be presented, etc. This allows healthcare companies to become more in-tune with their patients’ and customers’ needs, enabling them to craft more valuable email communications that boost engagement. 

            Personalized Healthcare Engagement 

            Perhaps the most significant benefit of Automated Workflows is that they enable adaptive, personalized engagement for healthcare marketing and communications campiagns. Instead of manually tracking where each Contact is in a given engagement sequence, or worse, merely having to guess, you know precisely where they are. Consequently, you’re acutely aware of their needs and the exact nature of the emails you need to send them next. 

             

            This, in turn, enables more effective Contact nurturing, i.e, strengthening your organization’s connection with each individual. When at its most effective, this may allow you to anticipate your Contacts’ needs, enabling you to send them communications, such screening or testing recommendations, educational materials, or product and service suggestions, that support their healthcare journey and enhance their quality of care.

            Automated Workflow Use Cases

            Automated Workflows are a powerful tool for increasing healthcare marketing and communications engagement because they can be applied to a wide range of use cases. Let’s take a look at some of the most common and impactful ways email automation can be used by healthcare companies. 

            • New Product Announcements: keeping patients and customers in the loop on your company’s latest offerings, as well as improvements to existing products and services that are likely to be of interest, based on their data and past actions.
            • Personalized recommendations: suggesting products or services based on the recipient’s past purchases or engagement history.
            • Re-Engagement Campaigns: Automated Workflows can also be used to reconnect with Contacts with whom engagement has waned or was never completely established, sending them personalized messages to encourage specific actions or reignite interest.
            • New Member Onboarding: welcoming new patients or customers  with a structured series of emails that introduces your services, provides technical assistance (where applicable), details subsequent steps, and explains how to get the most value from your products or services. 
            • Appointment Reminers and Follow-Ups: sending reminders, care instructions, medication adherence advice, or details on how to book subsequent appointments, for instance, after a patient visit. 
            • Patient Education Campaigns: taking patients through a structured curriculum on managing their medical condition or required  lifestyle changes to improve their health..
            • Preventative Care Communications: proactively sending reminders for screenings, check-ups, vaccinations, etc., based on PHI such as a patient’s age, gender, health condition or lifestyle risk factors.
            • Milestone Communications: sending personalized messages to acknowledge birthdays, enrollment anniversaries, and other pertinent dates. These can also be combined with preventative care communications, to send recommendations or other advice, based on the contact’s age, for instance.  
            • Feedback Collection: acquiring patient and customer feedback by sending follow-up surveys a set amount of time after a visit, procedure, purchase, etc. 

            How Automated Workflows Work in LuxSci Secure Marketing

            To round off this post, let’s take a deeper look at how Automated Workflows work within LuxSci’s Secure Marketing solution. LuxSci’s Automated Workflows enhance your organization’s HIPAA compliant healthcare marketing and email campaigns by giving you complete control of:

             

            • When each email is sent
            • Which Contacts receive particular communications according to their behavior, needs, and other PHI-based attributes
            • Which engagement path or branch a Contact takes based on their email actions

            Here’s a look at LuxSci’s Automated Workflows key capabilities in greater detail. 

            Smart Event-Based Branching and Conditions

            You can branch Workflows to trigger targeted messaging based on a Contact’s attributes or certain engagement events, resulting in more relevant and effective healthcare journeys  with more desirable outcomes.

            • User actions:
              • Mailing list sign-ups
              • Form completion
              • Downloading a resource.
            • Time-based triggers:
              • A set period after a visit or procedure 
              • A defined period of inactivity or lack of contact
              • Milestones, e.g., birthdays, anniversaries. 
            • Behavioral triggers:
              • Email opens
              • Clicking on links
              • Visiting particular pages on a site or 
              • A lack of engagement with previous emails.
            • Transactional triggers:
              • Purchasing a product or service
              • Signing up for an event
              • Order confirmations or shipping updates after a purchase.
            • API-triggered events
              • Lab results or similar correspondence becoming available
              • Changes to data in EHR systems, CDP platforms, or CRM systems.. 

            Automated Segment Management 

            Automated Workflows can be used to dynamically add Contacts to segments based on demographics, past behavior, purchase history, and similar events. This enables more precise targeting and email personalization as they progress through specific Steps in each Workflow. 

            Navigation Across Steps

            Automated Workflows are also capable of navigating Contacts across different Steps or completely different Workflows depending on engagement outcomes and updates to a Contact’s PHI. Better still, if a Step has already been visited, LuxSci Secure Marketing automatically prevents repetition and infinite loops.

            Automate Your Healthcare Marketing and Engagement Efforts

            LuxSci Secure Marketing is a HIPAA compliant healthcare marketing solution especially designed for the stringent security and regulatory requirements of the healthcare industry. Our solution enables healthcare organizations to confidently communicate with patients and customers at scale without risking compliance violations, driving increased engagement and boosting the ROI of their marketing campaigns in the process. 

             

            The latest version of LuxSci’s Secure Marketing solution with Automated Workflow functionality streamlines your company’s outreach efforts, saving considerable time, reducing human effort, and facilitating intelligent Contact management. 

            What’s more, LuxSci’s reporting capabilities empower you to carefully track the results of your healthcare engagement campaigns, gaining insights at every step, including:

            • Which Contacts received particular messages
            • Who engaged with email communication, and how
            • Precise points where drop-offs in engagement occur
            • The engagement achieved with each Step in the Workflow

            To learn more about LuxSci’s Secure Marketing solution and how Automated Workflows boost engagement for your healthcare marketing and communications campaigns, contact us today.

             

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            HIPAA compliant marketing automation

            How Do I Make My Computer HIPAA Compliant?

            Making a computer HIPAA compliant involves implementing security measures that protect electronic protected health information according to HIPAA regulations. This includes encryption, access controls, automatic logoff, audit controls, and malware protection. No single setting makes a computer HIPAA compliant, as becoming HIPAA compliant requires a combination of hardware controls, software configurations, and appropriate user behavior to protect patient information from unauthorized access or disclosure.

            Hardware Security Considerations

            Computer hardware plays a role in HIPAA compliance through physical protection measures. Laptop privacy screens prevent visual access to patient information when working in public spaces. Cable locks secure devices to prevent theft when left unattended. Hard drive encryption provides protection if devices are lost or stolen. For desktop computers, positioning screens away from public view helps prevent incidental disclosure of patient information. Physical access controls limit who can use the device, particularly in shared clinical environments. These hardware elements work with software protections to create a more secure environment for patient data.

            Operating System Protections

            Modern operating systems include several built-in security features that support HIPAA compliance when properly configured. Automatic operating system updates ensure security patches are applied promptly to address vulnerabilities. User account controls create separate profiles for different staff members with appropriate permission levels. Disk encryption protects data if computers are lost or stolen. Inactivity timeouts automatically lock screens after periods without user input. Firewall configurations block unauthorized network access attempts. These operating system settings form the foundation of a HIPAA compliant computer environment.

            Data Encryption Implementation

            HIPAA requires encryption for protected health information, making this a fundamental element of computer compliance. Full-disk encryption protects all data stored on computer hard drives. File-level encryption allows protection of individual documents containing sensitive information. Email encryption secures patient information sent through electronic messages. Virtual Private Networks (VPNs) encrypt data transmitted over public networks. Proper encryption key management ensures authorized users maintain access while protecting against unauthorized disclosure. Many healthcare organizations establish encryption standards for all devices handling patient information.

            Access Control Mechanisms

            Restricting who can use computers and access patient information represents a central aspect of being HIPAA compliant. Strong password policies require complex passwords that change regularly. Multi-factor authentication adds additional verification beyond passwords. Automatic logoff terminates sessions after periods of inactivity. Role-based access limits information viewing based on job responsibilities. Session monitoring records login attempts and system usage patterns. User provisioning procedures ensure access rights change when staff roles change. These access controls help prevent both unauthorized external access and inappropriate internal information viewing.

            Malware Protection Systems

            Healthcare computers need robust protection against malicious software that could compromise patient data. Antivirus software scans for known threats and suspicious behaviors. Anti-malware tools provide additional protection against ransomware and other evolving threats. Email filtering helps prevent phishing attempts targeting healthcare staff. Web filtering blocks access to dangerous websites that might install malware. Application controls prevent unauthorized software installation. Regular malware definition updates ensure protection against new threats. These protections work together to defend against various attack vectors that could compromise patient information.

            Documentation and Monitoring

            HIPAA compliance requires ongoing monitoring and documentation of computer security measures. Activity logs record who accessed what information and when. Audit tools analyze these logs for unusual patterns that might indicate security problems. Vulnerability scanning identifies potential security weaknesses before they lead to breaches. Incident response procedures outline steps for addressing potential security issues. Security assessment documentation demonstrates compliance efforts during audits or reviews. These monitoring practices help healthcare organizations maintain compliance while providing evidence of their security efforts when questions arise.

            What is HIPAA-Compliant Email Marketing?

            If you are one of the 92% of Americans with an email address, you are likely familiar with email marketing. It is a tried and true marketing strategy that delivers a superior return on investment compared to other digital channels. However, when healthcare organizations want to utilize these strategies, out-of-the-box solutions are not a good fit. Healthcare organizations must utilize email marketing platforms specifically designed to meet HIPAA’s unique privacy and security requirements.

            checking email on smartphone What is HIPAA-Compliant Email Marketing?

            When Do You Need a HIPAA-Compliant Email Marketing Platform?

            Healthcare organizations are required to use a HIPAA-compliant email for HIPAA marketing because their messages often contain electronic protected health information (ePHI). This includes information that is both individually identifiable and relates to someone’s healthcare.

            Individually identifiable information includes identifiers like a patient’s name, address, birth date, email address, social security number, and more. By default, every email marketing communication includes the patient’s email address and is, therefore, individually identifiable. Not only does the definition of ePHI cover people’s past, present, and future health conditions, but it also includes treatment provisions and billing details. This information is often contained in email marketing messages.

            While the law does not cover anonymous health details or individual identifiers sent by themselves, you must be careful and abide by HIPAA regulations when the two are brought together. You will need a HIPAA-compliant email marketing service whenever you send ePHI. As we will see, even if you think an email may not contain ePHI, it is still best to be cautious.

            Types of HIPAA-Compliant Email Marketing Communications

            An excellent example of an email blast that must comply with HIPAA is a newsletter sent to a clinic’s cancer patients. At first glance, the email doesn’t contain any specific PHI. It doesn’t mention Jane Smith’s chemotherapy treatments, other specific patients, or their medical information. However, upon closer look, it may violate HIPAA regulations.

            Every email in this campaign contains a personal identifier- the patient’s email address. In this example, only cancer patients received the newsletter, which also tells you personal medical information. A hacker could infer that anyone who received this email has cancer, which is ePHI and protected under HIPAA. If you use a medical condition to create a segment of email recipients, the email campaign must comply with HIPAA.

            Sometimes, it can be challenging to identify if an email contains ePHI. If you sent the same practice newsletter to a list of all current and former medical clinic patients, it may or may not contain ePHI. Even if the newsletter contained benign info about the practice’s operating hours or parking information, if the practice is centered around treating a specific condition like cancer or depression, it may be possible to infer information about the recipients regardless of the message.

            There are a lot of gray areas, and it can be difficult to determine if an email contains PHI. We recommend using HIPAA-compliant email marketing for any promotional materials to reduce the risk of violations.

            The Benefits of Using a HIPAA-Compliant Marketing Platform

            After reading this, you may think the answer is to avoid sending PHI in email campaigns. However, by keeping your communications bland, generic, and broadly targeted, you miss out on significant opportunities to engage your patients.

            Using a HIPAA-compliant email marketing solution, you can leverage ePHI to send much more effective messages. In the above example, cancer patients actively receiving treatment at your clinic are much more likely to be interested in your business updates. Targeted emails receive much higher open and click rates than those sent to a general list.

            Results of leveraging PHI

            Sending the right information to your patients at the right time is an effective patient engagement strategy. Think about it using an e-commerce example- when a retailer sends you product recommendations based on past purchases; they use your data to influence future purchasing decisions. By utilizing patient data to create highly relevant and personalized campaigns and offers, you receive a better return on investment in your efforts.

            What is Required for HIPAA-Compliant Email Marketing?

            Finding the right HIPAA-compliant email marketing platform can be challenging. Most of the common vendors aren’t HIPAA-compliant at all. Others claim compliance and will sign BAAs to protect your information at rest but still will not enable you to send PHI via email. Finding a provider that suits your business needs and protects the email messages requires careful vetting.

            Generally speaking, a HIPAA-compliant email platform must meet three broad requirements:

            1. The vendor will sign a Business Associates Agreement that outlines how they will protect your data and what happens in case of a breach.
            2. The vendor protects the data at rest using appropriate storage encryption, access controls, and other security features.
            3. The vendor protects messages in transit using an appropriate level of encryption with the proper ciphers.

            Thankfully, LuxSci’s Secure Marketing email platform has been designed to meet the healthcare industry’s unique needs. Our platform was built with both security and compliance at the forefront. With Secure Marketing, organizations can send fully HIPAA-compliant email marketing messages to the right patients at the right time and receive a better return on their marketing investment.

            searching for an email

            How Can I Prove an Email was Sent to Me?

            Almost everyone has been in this situation: someone claims to have sent you an email message, but you look in your inbox and don’t see it. As far as you know, you never got it. How can you prove an email was sent?

            searching for an email

            How to Prove That an Email was Sent

            So, where do you start? As the purported recipient of an email message, the easiest way to prove that a message was sent to you is to have a copy of that message. It could be:

            1. In your inbox or another email folder
            2. A copy in your permanent email archives

             Sometimes, missing emails are caused by simple user errors. The obvious place to start the search is in your inbox and email folders. It’s also a good idea to check your email filtering and archival services. It’s possible that your email filtering system accidentally flagged the message as spam or sent it to quarantine. If it’s not there, check your email archival system. That should capture a copy of all sent and received messages. 

            Hopefully, that will solve the issue. If it doesn’t, it’s worth stepping back to understand where the email could have gone and where you should turn next to solve the problem.

            What happened to the email?

            In reality, there are only a few things that could have happened:

            1. The recipient never sent the message.
            2. The recipient did send the message, but it did not reach you.
            3. The message did make it to you, but it was accidentally or inadvertently deleted (or overlooked).

            Let’s begin with what you can check and investigate. Start your search soon. The more time that elapses, the less evidence you may have, as logs and backups get deleted over time.

            Did the recipient actually send the message?

            First, you should know that the sender could have put tracking on the message so that they were informed if you opened or read it (even if you are unaware of the tracking). In such cases, the sender can disprove false claims of “I didn’t get it!” If you are concerned about an email being ignored, use read recipients or tracking pixels to confirm email delivery.  

            If you never saw the message, do what we discussed above and start searching your email folders for it. It could have been accidentally moved to the wrong folder or sent to the Trash folder. If you have a folder that keeps copies of all inbound emails (like LuxSci’s “BACKUP” folder), check there too. Check your spam folder and spam-filtering system. Your spam-filtering system may also have logs that you can search for evidence of this message passing through it. Finally, check any custom email filters you may have set up with your email service provider or in your email programs. If you have filters that auto-delete or auto-reject some messages, see if that may have happened to the message in question.

            The searches above are straightforward; you can do many of them yourself. Often, they will yield evidence of the missing message or explain why you might not have received it.

            Maybe the email was sent but didn’t make it to you?

            Email messages leave a trail as they travel from the sender to the recipient. This trail is visible in the “Received” email headers of the message (if you have it) and in the server logs at the sender’s email provider and your email provider. If you know some aspects of the message in question (i.e., the subject, sender, recipient, and date/time sent), you can ask your email service provider to search their logs to see if there is any evidence of such a message arriving in their systems. This will tell you if such a message reached your email provider. However, email providers can typically only search the most recent one to two weeks of logs. So, if the message in question was from a while ago, your email service provider may be unable to help you (or may charge you a lot of money to manually extract and search archived log files if they have them). 

            If your email provider has no record of the message or cannot search their logs, you (or the sender) can ask the same question of the sender’s email provider. If they can provide records of such an email being sent through their system, that will prove the email was sent.

            The log file analysis provided by the email providers could also explain why you didn’t get the message. Your email address might have been spelled wrong, there could have been a server glitch or issue, etc. However, if the message was sent long ago, the chance of learning anything useful from the email provider is small. Also, if you use a commodity email provider such as AOL, Yahoo, Outlook, Gmail, etc., you may find it impossible to contact a technical support person and have them perform an accurate and helpful log search. Premium providers, like LuxSci, are more likely to support your requests. 

            The last thing you can do is have the sender review their sent email folders for a copy of that message. If they have it, that can indicate that they sent it and can reveal why you didn’t get it (i.e., wrong email address, content that would have triggered your filters, etc.). However, be wary. It is easy to forge a message in a sent email folder, so it should not be considered definitive proof that the message was sent. And, even so, just because the message was sent, it does not prove it ever made it to your email provider or inbox.

            The recipient never actually sent the email message

            If the sending event was recent, then the data from your email service provider can prove that the message did not reach you, but that doesn’t prove that it was not sent. The sender may claim that they do not have a record of sent messages and that their email provider will not do log searching, and that may also be true. At this point, you are stuck without a resolution. 

            While email is a reliable delivery system, there are many ways for messages not to make it to the intended recipient. Whether it was not sent or was sent and never arrived, the result is the same- no message for you. As a result, it’s best not to send legal notices or other important documents only by email. Using read receipts and other technologies when sending important messages can help increase confidence that an email was sent and received. Still, there is no foolproof way to guarantee email delivery.

            How Do I Prove the Email Sender’s Identity?

            A separate but related question is, how can I be sure the sender is who they say they are? Social engineering is rising, and cybercriminals can use technology to impersonate individuals and companies. If you are questioning whether the sender actually sent the message to your inbox (or if it is from a spammer or cybercriminal), it is necessary to perform a forensic analysis of the email headers (particularly the Received lines, DKIM signatures, etc.) and possibly get the sender’s email provider involved to corroborate the evidence. To learn more about how to conduct this analysis, please read: How Spammers and Hackers Can Send Forged Email.

            Business Associate Agreement

            Understanding Business Associate Agreements (BAAs) and Shared Responsibility

            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.