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What Is HIPAA Compliant Marketing for Healthcare?

HIPAA Compliant Marketing

HIPAA compliant marketing for healthcare refers to promotional communications that follow HIPAA Privacy Rule requirements when using or disclosing protected health information (PHI). Healthcare organizations can conduct marketing activities while protecting patient privacy by obtaining proper authorizations, implementing security measures, and ensuring all marketing communications meet regulatory standards for PHI protection. Healthcare marketing has changed dramatically with digital communication channels, yet patient privacy remains paramount. Organizations must balance effective marketing strategies with strict compliance requirements to avoid violations that can result in hefty penalties and damaged reputations.

Understanding Marketing Under HIPAA Regulations

HIPAA defines marketing as communications that encourage recipients to purchase or use products or services, with certain exceptions for treatment communications and health care operations. The regulation distinguishes between communications that require patient authorization and those that fall under permitted uses without authorization. Face-to-face marketing communications between healthcare providers and patients do not require written authorization under HIPAA rules. Similarly, promotional gifts of nominal value given during these encounters are permitted without further consent. Most other marketing activities involving PHI require explicit patient authorization before implementation.

Healthcare organizations must understand when their communications cross from permissible patient care activities into regulated marketing territory. Educational materials about treatment options generally qualify as health care operations, while promotional emails about cosmetic procedures usually require marketing authorizations.

Authorization Requirements for Healthcare Marketing

Written authorization forms the foundation of HIPAA compliant marketing for healthcare organizations. Patients must provide explicit consent before their PHI can be used for marketing purposes, and these authorizations must meet specific regulatory requirements to remain valid.Authorization forms must clearly describe what PHI will be used or disclosed, the purpose of the marketing activity, and who will receive the information. The form must also explain that patients can revoke authorization at any time and that refusal to authorize marketing communications will not affect their treatment.

Healthcare organizations receiving financial remuneration for marketing activities face stricter authorization requirements. When third parties pay for marketing communications, authorization forms must disclose these financial relationships and explain how patient information will be shared with outside entities.

Permitted Marketing Activities Without Authorization

Certain healthcare marketing activities can proceed without individual patient authorization under HIPAA rules. These exceptions allow organizations to conduct marketing while maintaining compliance through other protective measures.Communications describing health-related products or services provided by the healthcare organization or its business associates qualify for authorization exemptions. For example, hospitals can send newsletters about their cardiac services or diabetes management programs without individual consent forms.

Case management and care coordination communications also receive authorization exemptions when they promote health or wellness activities. Healthcare organizations can recommend disease management programs, wellness initiatives, or preventive care services without obtaining separate marketing authorizations.

Technology Solutions for Compliant Email Marketing

Email marketing platforms designed for healthcare must incorporate security features that protect PHI during transmission and storage. These systems encrypt communications, maintain audit logs, and provide controls that help organizations manage patient authorizations and preferences. Segmentation capabilities allow healthcare marketers to target specific patient populations while maintaining privacy protections. Organizations can send diabetes education materials to patients with relevant diagnoses without exposing individual health conditions to unauthorized recipients.

Automated opt-out mechanisms help healthcare organizations respect patient preferences and maintain compliance with both HIPAA and CAN-SPAM requirements. These systems track authorization status and automatically exclude patients who revoke consent from future marketing communications.

Managing Patient Data in Marketing Campaigns

HIPAA compliant marketing for healthcare requires careful handling of patient data throughout campaign development and execution. Organizations must implement policies that limit PHI access to authorized personnel and document all data usage for compliance auditing.Marketing teams need training on HIPAA requirements and access controls that prevent unauthorized PHI disclosure. Role-based permissions ensure that only personnel with legitimate business needs can access patient information for marketing purposes.

Data retention policies must align with HIPAA requirements and organizational needs. Healthcare marketers should establish schedules for deleting PHI when it is no longer needed for marketing activities and maintain documentation of data destruction for compliance records.

Compliance Auditing and Risk Management

Regular compliance audits help healthcare organizations identify potential vulnerabilities in their marketing practices and address issues before they result in violations. These assessments should review authorization procedures, data handling practices, and technology security measures. Risk assessment processes must evaluate both internal marketing activities and third-party vendor relationships. Business associate agreements become necessary when outside marketing companies access PHI, and these contracts must include appropriate safeguards and liability provisions.

Documentation requirements include maintaining records diligently to demonstrate commitment to HIPAA compliant marketing for healthcare activities and their ability to respond appropriately to potential breaches or violations.

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biggest email threats

Know the Biggest Email Threats Facing Healthcare Right Now

Due to its near-universal adoption, speed, and cost-effectiveness, email remains one of the most common communication channels in healthcare. Consequently, it’s one of the most frequent targets for cyber attacks, as malicious actors are acutely aware of the vast amounts of sensitive data contained in messages – and standard email communication’s inherent vulnerabilities.

 

In light of this, healthcare organizations must remain aware of the evolving email threat landscape, and implement effective strategies to protect the electronic protected health information (ePHI) included in email messages. Failing to properly secure email communications jeopardizes patient data privacy, which can disrupt operations, result in costly HIPAA compliance violations, and, most importantly, compromise the quality of their patients’ healthcare provision.

 

With all this in mind, this post details the biggest email threats faced by healthcare organizations today, with the greatest potential to cause your business or practice harm by compromising patient and company data. You can also get our 2025 report on the latest email threats, which includes strategies on how to overcome them.

Ransomware Attacks

Ransomware is a type of malware that encrypts, corrupts, or deletes a healthcare organization’s data or critical systems, and enables the cybercriminals that deployed it to demand a payment (i.e., a ransom) for their restoration. Healthcare personnel can unwittingly download ransomware onto their devices by opening a malicious email attachment or clicking on a link contained in an email.

In recent years, ransomware has emerged as the email security threat with the most significant financial impact. In 2024, for instance, there were over 180 confirmed ransomware attacks with an average paid ransom of nearly $1 million. 

Email Client Misconfiguration

While a healthcare organization may implement email security controls, many fail to know the security gaps of their current email service provider (ESP) or understand the value of a HIPAA compliant email platform, leaving data vulnerable to email threats, such as unauthorized access and ePHI exposure, and also, subsequently, a greater risk of compliance violations and reputation damage.


 

Common types of email misconfiguration include:

 

  • Lack of enforced TLS encryption: resulting in emails being transmitted in plaintext, rendering the patient data they contain readable by cybercriminals in the event of interception during transit.
  • Improper SPF/DKIM/DMARC setup: failure to configure or align these email authentication protocols correctly gives malicious actors greater latitude to successfully spoof trusted domains.
  • Disabled or lax user authentication: a lack of authentication measures, such as multi-factor authentication (MFA), increases the risk of unauthorized access and ePHI exposure.
  • Misconfigured secure email gateways: incorrect rules or filtering policies can allow phishing emails through or block legitimate messages.
  • Outdated or unsupported email client software: simply neglecting to download and apply the latest updates or patches from the email client’s vendor can leave vulnerabilities, which are well-known to cybercriminals, exposed to attack.

Social Engineering Attacks

A social engineering attack involves a malicious actor deceiving or convincing healthcare employees into granting unauthorized access or exposing patient data. Relying on psychological manipulation, social engineering attacks exploit a person’s trust, urgency, fear, or curiosity, and encompass an assortment of threats, including phishing and business email compromise (BEC) attacks, which are covered in greater depth below.

Phishing

As mentioned above, phishing is a type of social engineering attack, but they are so widespread that it warrants its own mention. Phishing sees malicious actors impersonating legitimate companies, or their employees, to trick victims into revealing sensitive patient data. 

Subsequently, healthcare organizations can be subjected to several different types of phishing attacks, which include:

 

  • General phishing: otherwise known as bulk phishing or simply ‘phishing’, these are broad, generic attacks where emails are sent to large numbers of recipients, impersonating trusted entities to steal credentials or deliver malware. 
  • Spear phishing: more targeted attacks that involve personalized phishing emails crafted for a specific healthcare organization or individual. These require more research on the part of malicious actors and typically use relevant insider details gleaned from their reconnaissance for additional credibility.
  • Whaling: a form of spear phishing that specifically targets healthcare executives or other high-level employees. 
  • Clone phishing:  when a cybercriminal duplicates a legitimate email that was previously received by the target, replacing links or attachments with malicious ones.
  • Credential phishing: also known as ‘pharming’, this involves emails that link to fake login pages designed to capture healthcare employees’ usernames and passwords under the guise of frequently used legitimate services.

Domain Impersonation and Spoofing

This category of threat revolves around making malicious messages appear legitimate, which can allow them to bypass basic email security checks. As alluded to above, these attacks exploit weaknesses in email client misconfigurations to trick the recipient, typically to expose and exfiltrate patient data, steal employee credentials, or distribute malware.

 

Domain spoofing email threats involve altering the “From” address in an email header to make it appear to be from a legitimate domain. If a healthcare organization fails to properly configure authentication protocols like SPF, DKIM, and DMARC, there’s a greater risk of their email servers failing to flag malicious messages and allowing them to land in users’ inboxes.

 

Domain impersonation, on the other hand, requires cybercriminals to register a domain that closely resembles a legitimate one. This may involve typosquatting, e.g., using “paypa1.com” instead of “paypal.com”. Alternatively, a hacker may utilize a homograph attack, which substitutes visually similar characters, e.g., from different character sets, such as Cyrillic. Malicious actors will then send emails from these fraudulent domains, which often have the ability to bypass basic email filters because they aren’t exact matches for blacklisted domains. Worse still, such emails can appear authentic to users, particularly if the attacker puts in the effort to accurately mimic the branding, formatting, and tone used by the legitimate entity they’re attempting to impersonate. 

Insider Email Threats

In addition to external parties, employees within a healthcare organization can pose email threats to the security of its PHI. On one hand, insider threats can be intentional, involving disgruntled employees or third-party personnel abusing their access privileges to steal or corrupt patient data. Alternatively, they could be the result of mere human error or negligence, stemming from ignorance, or even fatigue.

 

What’s more, insider threats have been exacerbated by the rise of remote and flexible conditions since the onset of the COVID-19 pandemic, which has created more complex IT infrastructures that are more difficult to manage and control.  

Business Email Compromise (BEC) Attacks

A BEC attack is a highly targeted type of social engineering attack in which cybercriminals gain access to, or copy, a legitimate email account to impersonate a known and trusted individual within an organization. BEC attacks typically require extensive research on the targeted healthcare company and rely less on malicious links or attachments, unlike phishing, which can make them difficult to detect.

 

Due to the high volume of emails transmitted within the healthcare industry, and the sensitive nature of PHI often included in communications to patients and between organizations, the healthcare industry is a consistent target of BEC attacks.

 

BEC attacks come in several forms, such as:

 

  • Account compromise: hijacking a real employee’s account and sending fraudulent messages.
  • Executive fraud: impersonating high-ranking personnel to request urgent financial transactions or access to sensitive data.
  • Invoice fraud: pretending to be a vendor asking for the payment of a fraudulent invoice into an account under their control.

Supply Chain Risk

Healthcare organizations increasingly rely on third-party vendors, including cloud service providers, software vendors, and billing or payment providers to serve their patients and customers. They constantly communicate with their supply chain partners via email, with some messages containing sensitive patient data; moreover, some of these organizations will have various levels of access to the PHI under their care.

 

Consequently, undetected vulnerabilities or lax security practices within your supply chain network could serve as entry points for email threats and malicious action. For instance, cybercriminals can compromise the email servers of a healthcare company’s third-party vendor or partner, and then send fraudulent emails from their domains to deploy malware or extract patient data.

 

Another, somewhat harrowing, way to understand supply chain risk is that while your organization may have a robust email security posture, in reality, it’s only as strong as that of your weakest third-party vendor’s security controls.

Download LuxSci’s Email Cyber Threat Readiness Report

To gain further insight into the biggest email threats to healthcare companies in 2025, including increasingly prevalent AI threats, download your copy of LuxSci’s Email Cyber Threat Readiness Report. 

 

You’ll also learn about the upcoming changes to the HIPAA Security Rule and how it’s set to impact your organization going forward, and the most effective strategies for strengthening your email security posture.

 

Grab your copy of the report here and begin the journey to strengthening your company’s email threat readiness today.

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HIPAA compliant email for Therapists

What is the Best HIPAA Compliant Email?

The best HIPAA compliant email contains strong security features with ease of use and reasonable pricing. Top options include properly configured Google Workspace or Microsoft 365 accounts with Business Associate Agreements in place. Look at HIPAA compliant email platforms that offer encryption, access controls, audit logging, and secure mobile access while fitting their practice size, budget, and technical capabilities.

HIPAA Compliant Email Features

Healthcare professionals require email systems with particular security capabilities to protect client communications. Any HIPAA compliant email must include automatic encryption that works without requiring clients to create accounts or remember passwords. You need detailed access logs that document when messages were sent, received, and viewed. Message recall capabilities help address accidental disclosures before they become compliance issues. Calendar integration supports secure appointment scheduling and reminders. Mobile access controls ensure therapists can communicate safely from smartphones and tablets during off-hours or between office locations. Document sharing features allow secure exchange of intake forms and treatment plans. These capabilities help therapists maintain compliant communications while managing their practice efficiently.

Popular HIPAA Compliant Email Platforms

Several email providers offer solutions well-suited to mental health professionals. Hushmail for Healthcare includes features designed for therapists with web-based secure forms for client intake and customizable email templates. Paubox delivers encrypted email that works without requiring recipients to take extra steps, making it ideal for client communications. Virtru integrates with existing Gmail or Outlook accounts to add HIPAA compliant protections without changing email addresses. Google Workspace and Microsoft 365 provide affordable options when properly configured with appropriate security settings and covered by Business Associate Agreements. Smaller therapy practices often prefer these mainstream platforms for their familiarity and integration with other practice tools.

Security Considerations for Healthcare Communications

Secure healthcare communications require thoughtful security approaches due to their sensitive nature. HIPAA compliant email should include protections against phishing attacks that might target patient information. Data loss prevention tools identify and secure messages containing sensitive information even when users forget to enable encryption. Account recovery procedures must balance security with practicality for small practices. Multi-factor authentication prevents unauthorized access even if passwords are compromised.

For example, healthcare personnel handling substance use disorder information need email systems that comply with both HIPAA and 42 CFR Part 2 requirements. Solutions should accommodate supervision relationships where communications may need controlled sharing with supervisors.

Client Experience and Usability Factors

The best HIPAA compliant email solutions balance security with positive client experiences. Buyers should evaluate how encryption affects the client’s process for reading and responding to messages. Some solutions require clients to create accounts or install software, while others deliver protected messages that open with minimal friction. Mobile compatibility matters as many clients prefer communicating from smartphones. Branding options allow therapists to maintain professional appearance in all communications. Automated responses help set appropriate expectations about response timing and emergency protocols. Client-facing secure forms streamline intake processes while maintaining compliance.

HIPAA Compliant Email Implementation for Medical Practices

Implementing secure email requires planning tailored to medical practice workflows. Solo practitioners need solutions with straightforward setup and minimal ongoing maintenance. Group practices benefit from centralized administration that enforces consistent security policies across all therapists. Practice management integration connects secure email with scheduling, billing, and documentation systems.

Transition planning helps migrate existing communications to new secure platforms without disrupting client relationships. Documentation templates ensure compliance with both HIPAA and professional ethical standards for electronic communications. Training materials must address both technical operation and appropriate clinical use cases. When implementing HIPAA compliant email practice admins should create workflow procedures that incorporate secure communication into their practice routines.

Cost Considerations For Selecting Email Services

Healthcare providers must balance security requirements with budget realities when selecting HIPAA compliant email. Pricing models vary significantly, with some services charging per user while others offer flat-rate plans better suited to solo practitioners. Additional fees may apply for features like secure forms, extra storage, or advanced security controls. Implementation costs include time spent on configuration, training, and client education about new communication methods. Some platforms offer discounted rates for professional association members or multi-year commitments. Buyers should calculate the total cost of ownership beyond monthly subscription fees, including technical support and compliance documentation. Affordable HIPAA compliant email options exist for practices of all sizes, but require thoughtful evaluation of both immediate pricing and long-term value.

Integrating Email with Broader Practice Security

HIPAA compliant email represents one component of comprehensive practice security. Email solutions should complement electronic health record systems while maintaining appropriate boundaries between clinical documentation and communications. Device management policies ensure therapists access email securely across computers, tablets, and smartphones. Backup procedures preserve communications while maintaining security protections. Incident response planning prepares therapists for addressing potential security issues or breaches. Regular security reviews evaluate whether email practices continue to meet evolving compliance requirements. By integrating email security with broader practice safeguards, therapists create communication systems that protect client information throughout its lifecycle.

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Email Deliverability

Why is High Email Deliverability Essential for Healthcare Companies?

With email communication playing a critical role in the customer engagement strategies of virtually every organization, high email deliverability rates are vital to success across all industries. In the healthcare sector, however, the stakes can be far higher. An undelivered email isn’t merely an inconvenience or a lost sales opportunity; it could mean a missed appointment, a delay in a prescription refill, or a failure to get a patient critical healthcare information. Or worse, the email could end up in the hands of an unintended recipient, including bad actors and cybercriminals.  

With this in mind, this post details why high email deliverability is essential for healthcare companies, as well as how your organization benefits from reliable and rapid email delivery. 

Speed and Efficiency

The primary reason that high email deliverability is crucially important to healthcare organizations is to best guarantee essential communications that directly impact an individual’s healthcare journey reach them promptly. These transactional emails can include appointment reminders, prescription renewals, product order confirmations, test results, explanation of benefits notices, payment reminders, and invoices. Administrative notifications related to software or systems that a patient might use, such as a password reset for an online portal, also fall under the category of transactional emails.

When transactional emails are delayed or fail to reach people altogether, they can compromise a patient’s ability to access care, adhere to treatment plans, stay informed on key facets of their healthcare journey, and, ultimately, achieve optimal health outcomes. 

When a patient fails to receive an expected email, such as a prescription confirmation, for example, it can leave them feeling confused and unsure of what to do next. For individuals who are sick, elderly, or managing chronic conditions, this can cause unnecessary stress, anxiety, and even compromise adherence to care plans.

In contrast, high email delivery rates create the opposite effect, helping patients get the communications and information they need. This increases their trust in your company and gives them a firmer sense of control over their healthcare journey. 

Compliance with HIPAA Regulations 

While the above point stresses the importance of reliable email delivery for the patient’s and customer’s benefit, healthcare companies also have a vested interest in ensuring communications reach the intended recipient for regulatory and patient privacy reasons.  

To comply with the Health Insurance Portability and Accountability Act (HIPAA), emails that contain sensitive patient data, i.e., electronic protected health information (ePHI), must be securely delivered to the intended recipient. If, on the other hand, a communication containing ePHI fails to reach the intended recipient patient, that represents a failure in secure communications and a potential HIPAA violation for your organization. 

After all, where did the patient’s data go? Was it delivered to the wrong person? Was it blocked by a spam filter and is left sitting unencrypted on a server somewhere?

If you can’t answer these questions, you could be exposed to a data breach, and it could result in a HIPAA violation, meaning your organization incurrs the associated consequences, including financial penalties and reputational damage. Conversely, deploying a fully HIPAA compliant email solution, such as LuxSci, supported by a dedicated infrastructure and designed for high email delivery enables your organization to include patient data in communications with confidence and ensure you messages land in the recipient’s inbox.  

Greater Levels of Personalization and Engagement

Finally, high email deliverability rates are essential for healthcare organizations because they help drive greater levels of engagement with patients and customers. Higher email deliverability means better inbox placement, leading to more emails being opened, more links being clicked, and more conversions for your communications and campaigns.

In the case of healthcare retailers, for example, this equates to converting more prospects into customers and, consequently, maximizing the ROI of email marketing campaigns, in some cases with up to 80% better results.  

While healthcare marketers, understandably, focus most of their efforts on crafting attention-grabbing headlines, personalizing the message content, and the email’s design elements, these factors are rendered irrelevant if the message fails to reach the recipient in the first place! When you take this into account, high email deliverability is a crucial component in optimizing the ROI of email communications and campaigns, and an all too often overlooked component at that. 

Get Your Copy LuxSci’s Achieving High Email Deliverability Best Practices Paper

To learn more about the importance and value of high email deliverability for healthcare companies,  download your copy of LuxSci’s latest Best Practices Paper: How to Achieve High Email Deliverability in Healthcare. You’ll discover:

  • How to opitmize performance for the different types of healthcare emails.
  • Powerful strategies for increasing your company’s email deliverability rates. 
  • How small increases in email deliverability can have considerable effects on your marketing ROI 

Grab your copy of the report here, and learn how to enhance your email deliverability rates today.

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HIPAA Secure Email

Is There a HIPAA Compliant Email?

Yes, HIPAA compliant email is available through specialized platforms and services designed specifically for healthcare organizations that need to transmit protected health information securely. HIPAA compliant email solutions include encryption, access controls, audit logging, and other security features required to meet regulatory standards for protecting patient information during electronic communication. Healthcare providers, payers, and suppliers can choose from various HIPAA compliant email options that range from standalone secure messaging platforms to integrated solutions that work with existing healthcare systems. Understanding available HIPAA compliant email solutions helps organizations select appropriate tools for their communication needs while maintaining regulatory compliance and protecting patient privacy.

Types of HIPAA Compliant Email Solutions

Several categories of HIPAA compliant email solutions serve different organizational needs and technical requirements. Cloud-based secure email platforms provide hosted solutions that require minimal technical infrastructure while offering enterprise-grade security features. These platforms handle encryption, server maintenance, and security updates, allowing healthcare organizations to focus on patient care rather than email system management. On-premises HIPAA compliant email systems give organizations direct control over their email infrastructure and data storage locations. Hybrid solutions combine cloud convenience with on-premises control, allowing organizations to customize their email security approach based on specific requirements. Email encryption gateways work with existing email systems to add HIPAA compliance features without requiring complete system replacement.

Security Features in HIPAA Compliant Email Platforms

HIPAA compliant email platforms include end-to-end encryption that protects messages and attachments from unauthorized access during transmission and storage. Transport Layer Security protocols secure connections between email servers, while message-level encryption ensures that only intended recipients can read email content. Digital signatures verify sender authenticity and message integrity, preventing tampering or impersonation. Multi-factor authentication requires users to provide additional verification beyond passwords before accessing email accounts. Access controls limit which users can send emails to external recipients and which types of information can be included in different message categories. Automatic data loss prevention features scan outgoing emails for protected health information and apply appropriate security measures or block transmission of potentially sensitive content.

Business Associate Agreements and Vendor Requirements

Healthcare organizations using HIPAA compliant email services need business associate agreements with their email providers to ensure regulatory compliance. These agreements specify how email vendors will protect patient information, limit data use to authorized purposes, and report security incidents or unauthorized disclosures. Email providers operating as business associates must implement appropriate safeguards and allow healthcare organizations to audit their security practices. Vendor selection criteria should include security certifications, compliance track records, and technical capabilities that meet organizational requirements. Service level agreements define uptime expectations, support response times, and data recovery procedures. Due diligence processes help verify that email providers have appropriate security controls and compliance programs before entering into business relationships.

Implementation Challenges and Solutions

Healthcare organizations implementing HIPAA compliant email often encounter workflow disruptions as staff adapt to new security procedures and software interfaces. Training programs help users understand proper email security practices and organizational policies for handling protected health information. Change management strategies address resistance to new procedures and ensure that staff members understand the importance of email security compliance. Technical integration challenges arise when connecting HIPAA compliant email systems with existing healthcare applications and databases. Application programming interfaces enable custom integrations that streamline workflows while maintaining security standards. Migration planning addresses data transfer from legacy email systems and ensures that historical communications remain accessible when needed.

Cost Considerations for HIPAA Compliant Email

HIPAA compliant email solutions involve various cost components including software licensing, implementation services, ongoing support, and staff training expenses. Per-user subscription models allow organizations to scale email security based on their actual usage patterns. Enterprise licensing agreements may provide cost advantages for larger healthcare organizations with many email users. Hidden costs can include system integration expenses, data migration fees, and productivity losses during implementation periods. Return on investment calculations should consider potential savings from avoiding HIPAA violation penalties, reduced risk of data breaches, and improved operational efficiency from streamlined secure communication processes. Long-term cost analysis helps organizations budget appropriately for ongoing email security requirements.

Selecting the Right HIPAA Compliant Email Solution

Healthcare organizations should evaluate HIPAA compliant email options based on their specific communication patterns, technical infrastructure, and regulatory requirements. Feature comparisons help identify which platforms offer the security capabilities and integration options needed for particular use cases. Pilot testing allows organizations to evaluate user experience and system performance before making long-term commitments. Vendor demonstrations provide opportunities to assess ease of use, administrative features, and customer support quality. Reference checks with similar healthcare organizations offer insights into real-world performance and implementation experiences. Decision frameworks that consider security requirements, usability needs, and budget constraints help organizations select HIPAA compliant email solutions that will serve their long-term communication and compliance objectives effectively.

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HIPAA Compliant Marketing

What Is HIPAA Compliant Marketing?

HIPAA compliant marketing refers to promotional activities and communications by healthcare organizations that follow federal privacy regulations when using or disclosing Protected Health Information (ePHI) for advertising purposes. The HIPAA Privacy Rule establishes strict limitations on how covered entities can use patient information in marketing communications, requiring written authorization for most marketing activities that involve individually identifiable health information. Healthcare organizations must distinguish between permissible communications about health services and restricted marketing activities to avoid violations and protect patient privacy.

Healthcare providers face increasing pressure to compete for patients while navigating complex regulatory requirements for promotional communications. Understanding HIPAA compliant marketing rules helps organizations develop effective outreach strategies without compromising patient trust or regulatory compliance.

Why Health Entities Need HIPAA Compliant Marketing Strategies

Healthcare organizations need HIPAA compliant marketing strategies to avoid substantial financial penalties and legal consequences from privacy violations. The Office for Civil Rights can impose fines ranging from $137 to over $2 million per incident when organizations improperly use patient information in marketing communications. High-profile enforcement cases have resulted in multi-million dollar settlements for healthcare providers that violated marketing restrictions, creating strong incentives for compliance.

Patient trust depends on healthcare organizations demonstrating respect for privacy through HIPAA compliant marketing practices. Unauthorized use of patient information in promotional materials can damage provider-patient relationships and harm organizational reputation. Patients who discover their health information was used without permission may lose confidence in their healthcare providers and seek care elsewhere.

Competitive advantage emerges when healthcare organizations implement HIPAA fcompliant marketing strategies that differentiate them from competitors who may cut corners on privacy protection. Organizations that transparently communicate their privacy practices and seek appropriate authorization for marketing communications can build stronger patient relationships. Compliant marketing practices also position organizations favorably during regulatory audits and accreditation reviews.

Legal liability extends beyond HIPAA violations to include potential state privacy law violations and civil claims from patients whose information was misused. Some states have additional privacy protections that exceed federal HIPAA requirements, creating multiple compliance obligations for healthcare marketers. Class action lawsuits may arise when organizations systematically violate patient privacy rights through non HIPAA compliant marketing practices.

What Marketing Activities Require Patient Authorization Under HIPAA?

Email marketing campaigns using patient contact information require written authorization when promoting non-treatment services or third-party products. Healthcare organizations cannot use patient email addresses obtained through clinical encounters to market wellness programs, elective procedures, or pharmaceutical products without explicit patient consent. The authorization must specify the marketing purpose, duration of permission, and patient rights to revoke consent.

Direct mail advertising targeting patients based on their medical conditions requires authorization under HIPAA marketing restrictions. Organizations cannot send promotional materials about diabetes management products to patients with diabetes diagnoses without written permission. The restriction applies even when organizations use their own patient lists rather than purchasing external marketing databases.

Social media marketing that identifies specific patients or uses patient testimonials requires individual authorization from each featured patient. Healthcare organizations cannot post patient success stories, before-and-after photos, or treatment testimonials without written consent that specifically addresses social media use. The authorization must explain how patient information will be used across different social media platforms.

Third-party marketing partnerships that involve sharing patient information require both Business Associate Agreements and individual patient authorizations. Healthcare organizations cannot provide patient lists to pharmaceutical companies, medical device manufacturers, or other marketing partners without proper legal agreements and patient consent. Revenue-sharing arrangements with marketing partners create additional scrutiny under HIPAA regulations.

HIPAA Definition of Marketing Versus Treatment Communications

Treatment communications remain exempt from HIPAA marketing restrictions when they relate directly to patient care or health plan benefits. Healthcare organizations can send appointment reminders, test result notifications, and follow-up care instructions without patient authorization. Educational materials about conditions that patients are receiving treatment for also qualify as treatment communications rather than marketing.

Health plan communications about covered benefits and services do not require authorization under HIPAA marketing rules. Insurance companies can inform members about preventive care coverage, network providers, and utilization management programs without written consent. Communications about plan changes, premium adjustments, or coverage modifications also fall under permissible health plan activities.

Case management and care coordination communications support treatment activities and do not trigger marketing restrictions. Healthcare organizations can discuss treatment options, referrals to specialists, and disease management programs with patients without authorization requirements. The communications must relate to the patient’s current care needs rather than promoting additional services.

Fundraising communications occupy a special category under HIPAA with specific requirements and patient opt-out rights. Healthcare organizations can use limited patient information for fundraising appeals without authorization but must provide clear opt-out mechanisms. Patients who opt out of fundraising communications cannot be contacted again unless they specifically request to resume receiving fundraising materials.

Authorization Requirements

Written authorization documents must include specific elements to meet HIPAA requirements for marketing communications. The authorization must describe the types of information that will be used, identify the recipients of patient information, and explain the purpose of the marketing communication. Patients must receive information about their right to revoke authorization and any consequences of refusing to provide consent.

Expiration dates or events must be specified in marketing authorizations to limit the duration of patient consent. Healthcare organizations cannot obtain open-ended authorization that allows indefinite use of patient information for marketing purposes. The authorization should specify when permission expires or what events will trigger the end of marketing consent.

Signature requirements ensure that patients provide voluntary and informed consent for marketing uses of their health information. Electronic signatures are acceptable under HIPAA when they meet federal electronic signature standards and provide adequate authentication of patient identity. Organizations must maintain signed authorization documents and make them available to patients upon request.

Revocation procedures must be clearly communicated to patients and honored promptly when patients withdraw their marketing consent. Healthcare organizations need systems to process revocation requests quickly and remove patients from marketing communications. The revocation process should be as easy as the initial authorization process to provide patients with meaningful control over their information.

Implementing HIPAA Compliant Marketing Programs

Staff training programs help healthcare teams understand the distinction between permissible communications and restricted marketing activities. Training should cover authorization requirements, documentation procedures, and escalation processes for marketing questions. Marketing staff need specialized training on HIPAA requirements since they may not have clinical backgrounds or previous healthcare compliance experience.

Technology systems can support compliant marketing by tracking authorization status and preventing unauthorized communications. Customer relationship management platforms can flag patients who have not provided marketing consent and exclude them from promotional campaigns. Automated systems can also track authorization expiration dates and remove patients from marketing lists when consent expires.

Legal review processes help healthcare organizations evaluate marketing campaigns before launch to identify potential HIPAA compliance issues. Attorneys with healthcare experience can assess whether proposed marketing activities require patient authorization and whether authorization documents meet regulatory requirements. Legal review is particularly important for innovative marketing approaches that may not fit clearly into existing regulatory categories.

Documentation practices ensure that healthcare organizations can demonstrate compliance with HIPAA marketing requirements during audits or investigations. Organizations need records of authorization documents, revocation requests, and compliance training for marketing staff. Documentation should also include policies and procedures for marketing activities and evidence of legal review for marketing campaigns.

Common Mistakes

Patient list assumptions lead to violations when organizations believe they can freely market to existing patients without authorization. Many healthcare providers incorrectly assume that the patient relationship automatically permits marketing communications about non-treatment services. The HIPAA Privacy Rule draws clear distinctions between treatment communications and marketing activities regardless of existing patient relationships.

Social media oversights create compliance risks when healthcare organizations post patient information without adequate authorization or privacy controls. Staff members may share patient stories or photos on organizational social media accounts without understanding authorization requirements. Personal social media use by healthcare employees can also create compliance issues when they discuss patients or treatment experiences.

Vendor partnerships often involve compliance gaps when healthcare organizations work with marketing agencies or technology vendors that lack healthcare experience. External marketing partners may not understand HIPAA requirements and may suggest marketing strategies that violate patient privacy rules. Organizations remain liable for vendor actions that violate HIPAA even when vendors lack healthcare compliance knowledge.

Authorization shortcuts create violations when organizations use generic consent forms or verbal permissions instead of specific written authorizations required for marketing. Some organizations attempt to include marketing consent in general treatment consent forms, which does not meet HIPAA specificity requirements. Verbal consent for marketing activities is not sufficient under HIPAA regulations regardless of documentation attempts

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LuxSci HIPAA Compliant Forms

What is a HIPAA Compliant Form?

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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LuxSci Email Deliverability

How to Fix Email Not Delivered Issues?

When an email is not delivered, it triggers communication failures that can disrupt patient care, delay treatments, and create operational inefficiencies throughout healthcare systems. An email not delivered means the intended recipient never receives the message, whether due to spam filtering, server issues, authentication problems, or incorrect email addresses. Healthcare providers, payers, and suppliers experience immediate consequences when critical communications fail to reach their destinations, including missed appointments, delayed care coordination, and lost revenue opportunities. The impact of an email not delivered varies depending on the message type, recipient, and timing, but healthcare organizations consistently see negative effects on patient outcomes and operational performance.

Recovery Strategies For an Email Not Delivered

Recovery strategies after an email not delivered include implementing backup communication methods and improving email authentication protocols. Healthcare organizations can reduce the impact of delivery failures by maintaining multiple contact methods for patients and developing contingency plans for communication disruptions. Regular monitoring of email delivery metrics helps identify patterns of failed deliveries and address underlying causes. Proactive list management and sender reputation monitoring help prevent future instances of email not delivered. Healthcare organizations benefit from establishing dedicated resources for managing email communications, including staff training on delivery best practices and ongoing performance monitoring across different communication channels. These recovery strategies help minimize the long-term impact of email delivery failures on patient care and operational efficiency.

Immediate Consequences

The immediate consequences when an email is not delivered include broken communication chains and missed opportunities for patient engagement. Appointment reminders that fail to reach patients result in higher no-show rates, while lab results trapped in spam folders delay treatment decisions. Healthcare staff may not realize that an email not delivered has occurred until patients miss appointments or fail to respond to time-sensitive communications. Patient portal notifications that go undelivered prevent patients from accessing test results, prescription refills, and discharge instructions. Emergency contact attempts via email may fail when an email not delivered occurs during after-hours situations, forcing healthcare providers to rely on phone calls or postal mail as backup communication methods. These immediate failures create workflow disruptions that require additional staff time and resources to resolve.

Patient Care Disruptions When Email is Not Delivered

Patient care disruptions occur when an email not delivered prevents timely communication between healthcare providers and patients. Referral communications that never arrive can interrupt care coordination between primary physicians and specialists, delaying diagnoses and treatment plans. Pre-operative instructions sent via email may not reach patients, creating safety risks and potential surgical delays. Chronic disease management programs rely heavily on email communication for medication reminders, lifestyle coaching, and progress monitoring. When an email not delivered occurs in these programs, patients may miss medication doses, skip monitoring activities, or fail to attend follow-up appointments. Medication adherence drops significantly when patients do not receive email reminders about prescription refills or dosage changes.

Revenue Impact

Revenue impact from an email not delivered includes lost appointment fees, delayed payments, and reduced patient engagement with healthcare services. Billing statements that fail to reach patients extend collection cycles and increase accounts receivable aging. Insurance pre-authorization requests that go undelivered can delay procedures and reduce reimbursement opportunities. Healthcare organizations lose revenue when marketing emails promoting wellness programs, health screenings, and elective procedures fail to reach patient inboxes. Patient satisfaction scores may decline when communication failures occur, affecting quality bonuses and value-based care payments. The financial impact compounds over time as organizations continue investing in email communication tools that fail to deliver expected returns due to delivery failures.

Operational Inefficiencies from Email Not Delivered

Operational inefficiencies arise when an email not delivered disrupts routine workflows and communication processes. Staff members spend additional time following up on communications that may have been filtered or blocked, reducing productivity and increasing administrative costs. Supply chain communications that fail to reach vendors or suppliers can create inventory shortages and delivery delays. Electronic health record systems generate automated notifications for various clinical events, and when an email not delivered occurs, providers may miss important alerts about patient status changes or test results. Quality improvement initiatives that depend on email communication for data collection and reporting may experience delays when key stakeholders do not receive project updates or meeting notifications.

Technology System Failures

Technology system failures occur when an email not delivered prevents automated notifications from reaching their intended recipients. Practice management software relies on email alerts for appointment scheduling, billing processes, and patient communication workflows. When these notifications fail to deliver, healthcare organizations may experience system-wide communication breakdowns affecting multiple departments. Telemedicine platforms and health information exchanges depend on email notifications to alert providers about new patient data, consultation requests, and system updates. An email not delivered in these systems can prevent providers from accessing important patient information or responding to urgent consultation requests. Integration failures between healthcare applications may occur when email-based data exchange processes fail to complete successfully.

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LuxSci HIPAA-Compliant Marketing Email

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

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

Ok. What now?

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

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

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

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

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

———

HIPAA-Compliant Marketing Emails

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

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

3. Can you send encrypted emails?

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

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

6. Do you have effective protection against malware?

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

8. Why am I sending this email?

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

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

11. Have I tested my message for readability?

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

HIPAA-Compliant Marketing Emails

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

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

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

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

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

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

This should include:

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

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

3. Can you send encrypted emails?

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

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

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

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

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

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

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

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

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

6. Do you have effective protection against malware?

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

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

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

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

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

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

Getting Better Results from HIPAA-Compliant Email Marketing

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

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

8. Why am I sending this email?

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

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

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

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

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

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

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

Consider these examples to check your understanding:

Ineffective Email Subject Lines

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

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

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

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

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

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

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

11. Have I tested my message for readability?

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

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

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

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

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

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

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

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

Demystifying HIPAA-Compliant Email Marketing

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

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

Contact us to learn more about our products and pricing.

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