What Is HIPAA Email Marketing?

HIPAA Email Marketing
Pete Wermter
May 13, 2025

HIPAA email marketing involves digital promotional communications sent by healthcare organizations that must comply with federal privacy regulations when using Protected Health Information (PHI) to reach patients and prospects. Healthcare providers can engage in email marketing activities, but they encounter strict limitations when using patient contact information obtained through clinical encounters or when targeting recipients based on health conditions. The HIPAA Privacy Rule requires written authorization for most email marketing that involves individually identifiable health information, while permitting certain treatment-related communications and health plan activities without patient consent.

Healthcare organizations increasingly rely on email communication to reach patients efficiently while managing costs and improving engagement. Carrying out effective digital marketing while adhering to privacy compliance requires understanding when authorization is needed and how to implement compliant email marketing strategies.

Why Healthcare Organizations Use Email Marketing

Cost efficiency drives healthcare email marketing adoption as organizations seek affordable ways to communicate with large patient populations. Email campaigns cost significantly less than direct mail, print advertising, or telephone outreach while providing measurable engagement metrics. Healthcare systems can reach thousands of patients instantly with preventive care reminders, health education materials, or service announcements at minimal expense per recipient.

Patient engagement improves through targeted email communications that provide relevant health information and service updates. Email marketing allows healthcare organizations to segment audiences based on demographics, health interests, or service utilization patterns. Personalized email content generates higher open rates and click-through rates than generic mass communications, leading to better patient response and participation in health programs.

Competitive positioning requires healthcare organizations to maintain visibility in patient inboxes alongside other service providers and health information sources. Patients receive numerous health-related emails from insurance companies, pharmaceutical manufacturers, wellness apps, and other healthcare entities. Organizations that do not engage in compliant email marketing may lose mindshare and patient loyalty to more communicative competitors.

Revenue generation opportunities emerge from email marketing campaigns that promote elective services, wellness programs, or expanded care offerings. Healthcare organizations can use email to announce new service lines, highlight specialist capabilities, or educate patients about treatment options. Revenue-generating email marketing requires careful attention to HIPAA authorization requirements to avoid compliance violations.

Healthcare Emails Requiring Patient Authorization

Promotional emails for elective services or non-treatment programs require written patient authorization when using contact information obtained through clinical encounters. Healthcare organizations cannot email patients about cosmetic procedures, weight loss programs, or wellness services without explicit consent, even when using their own patient databases. The authorization must specifically address email marketing and describe the types of services being promoted.

Third-party product promotions sent via email require patient authorization regardless of the healthcare organization’s relationship with the product manufacturer. Organizations cannot send emails promoting pharmaceutical products, medical devices, or health-related consumer goods without written patient consent.

Targeted health campaigns that use diagnostic or treatment information to select email recipients require authorization under HIPAA marketing rules. Healthcare organizations cannot send diabetes management emails to patients with diabetes diagnoses or cardiac health information to patients with heart conditions without written permission. The targeting based on health status distinguishes these campaigns from general health education communications.

Social event invitations and fundraising appeals sent via email may require authorization depending on how recipient lists are compiled and whether health information influences targeting decisions. Healthcare organizations can send general fundraising emails to broad patient populations but need authorization when targeting based on specific conditions, treatments, or service utilization patterns.

HIPAA Compliant Treatment-Related Emails

Appointment communications qualify as treatment-related emails that do not require marketing authorization under HIPAA regulations. Healthcare organizations can send appointment confirmations, reminders, and rescheduling notices without patient consent because these communications support ongoing care relationships. Follow-up appointment scheduling and routine care reminders also fall under permissible treatment communications.

Care coordination emails between healthcare providers remain exempt from marketing restrictions when they facilitate patient treatment. Primary care physicians can email specialists about patient referrals, and care teams can coordinate treatment plans via email without authorization requirements. The communications must relate directly to patient care rather than promoting additional services or programs.

Health education materials related to conditions that patients are receiving treatment for do not require marketing authorization. Healthcare organizations can email diabetes management tips to diabetic patients currently receiving care or send cardiac rehabilitation information to patients enrolled in cardiac programs. The education must relate to active treatment relationships rather than general health promotion.

Prescription and laboratory result communications via email support treatment activities and do not trigger marketing restrictions. Healthcare organizations can notify patients about prescription readiness, laboratory result availability, or medication adherence reminders without written authorization. Patient portal notifications about available health information also qualify as treatment communications.

HIPAA Email Marketing Compliance Supports

Encryption protection is necessary for all email communications containing PHI, whether for treatment or marketing purposes. Healthcare organizations must implement appropriate safeguards to protect patient information during email transmission and storage. Email marketing platforms used by healthcare organizations need encryption capabilities and security controls that meet HIPAA Security Rule requirements.

Access controls within email marketing systems ensure that only authorized personnel can access patient contact information and send marketing communications. Role-based permissions limit which staff members can create marketing campaigns, access patient lists, or modify email content. Multi-factor authentication adds security layers that protect against unauthorized access to email marketing platforms containing patient data.

Audit logging capabilities track all activities within HIPAA email marketing systems to create compliance documentation. The systems must log campaign creation, email sends, list access, and user activities to provide audit trails for regulatory reviews. Automated reporting features help healthcare organizations monitor email marketing compliance and identify potential privacy violations.

Opt-out mechanisms are required for all healthcare email marketing communications to provide patients with control over future messaging. Unsubscribe processes must be easy to use and honor patient requests promptly to maintain compliance with both HIPAA and CAN-SPAM regulations. Email marketing systems need automated processing of opt-out requests and suppression list management capabilities.

Obtaining Valid Email Marketing Authorization

Authorization documents for email marketing must include specific elements required by HIPAA Privacy Rule regulations. The authorization must describe what patient information will be used, identify who will receive the information, and explain the purpose of the email marketing communications. Patients must understand their right to revoke authorization and any consequences of refusing to provide consent for marketing activities.

Timing considerations affect when healthcare organizations can request email marketing authorization from patients. Authorization requests should not be bundled with treatment consent forms or presented during medical emergencies when patients cannot provide informed consent. Organizations need separate processes for obtaining marketing authorization that do not interfere with treatment decisions or patient care activities.

Electronic signature capabilities allow healthcare organizations to collect email marketing authorization digitally while meeting HIPAA documentation requirements. Patient portal systems, website forms, or tablet-based signature capture can facilitate authorization collection. Electronic authorization systems must provide adequate authentication and maintain signed documents for audit purposes.

Renewal procedures help healthcare organizations maintain current authorization for ongoing email marketing campaigns. Authorization documents should specify expiration dates or renewal requirements to ensure patient consent remains valid. Entities need systems to track authorization status and remove patients from marketing lists when consent expires or is revoked.

Compliance Challenges Affecting HIPAA Email Marketing

List management complexity creates compliance risks when healthcare organizations use multiple sources of patient contact information for email marketing. Patient lists derived from treatment encounters require different handling than lists compiled from website registrations or health screenings. Organizations need clear policies about which lists can be used for marketing purposes and which require patient authorization.

Content classification challenges arise when determining whether specific email communications qualify as treatment-related or marketing activities. Healthcare organizations may struggle to distinguish between educational content that supports treatment and promotional content that requires authorization. Legal review processes help organizations evaluate email content and determine appropriate compliance requirements.

Vendor management issues emerge when healthcare organizations use third-party email marketing platforms that may not understand healthcare compliance requirements. Marketing vendors need Business Associate Agreements and must implement appropriate safeguards to protect patient information. Organizations remain responsible for vendor compliance with HIPAA requirements even when using external email marketing services.

Cross-platform integration difficulties occur when healthcare organizations attempt to coordinate email marketing with other communication channels or healthcare systems. Patient authorization status must be synchronized across email platforms, patient portals, and electronic health record systems. Data synchronization challenges can create compliance gaps or duplicate communication efforts that frustrate patients and waste resources.

Pete Wermter

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

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What Is Secure Email? The Complete Guide for Healthcare Organizations

July 29, 2026
Pete Wermter

Key Takeaways

Secure email is not the same as “email with encryption turned on.” True secure email requires enforced automated encryption, a signed BAA, access controls, audit logs, and documented processes — not just a feature toggle.
Standard email platforms like Gmail and Microsoft 365 rely on opportunistic TLS by default, which can silently fall back to unencrypted delivery if the recipient’s server doesn’t support encryption.
HIPAA’s encryption safe harbor means a misdirected but properly encrypted email is a non-event. The same email sent unencrypted is a presumed breach unless a risk assessment shows otherwise.
A signed Business Associate Agreement (BAA) with your email provider is non-negotiable — without one, you cannot legally send or store PHI through that provider.
The proposed 2025 HIPAA Security Rule update, planned for finalization in 2027, would make encryption of ePHI in transit and at rest a mandatory requirement rather than “addressable,” raising the stakes for organizations still relying on opportunistic TLS.

Best for: Healthcare IT Directors, Compliance Officers, Privacy Officers, and Marketing Managers at provider, payer, and supplier organizations that handle protected health information (PHI).

In healthcare IT, the term “secure email” gets thrown around loosely. Vendors slap the label on anything with a padlock icon, and internal teams often assume that because their provider offers TLS, they’re covered. They’re not, and the gap between what’s assumed and what’s actually required is where data breaches occur and HIPAA violations happen.

This guide breaks down exactly what secure email means from a technical and regulatory standpoint, why the email platform your staff uses every day probably isn’t compliant out of the box, and what to look for when evaluating a provider that needs to protect PHI at scale. If you want the full picture of what compliance requires beyond email specifically, our HIPAA Compliance Checklist is a useful companion read.

What Is Secure Email?

Secure email refers to an email system that protects the confidentiality, integrity, and availability of message content — specifically PHI — through a combination of technical safeguards and contractual protections. It’s not a single feature. It’s a stack of controls working together.

At minimum, secure email in a healthcare context includes:

Enforced encryption in transit, so messages can’t fall back to plaintext delivery
Encryption at rest, so stored messages remain protected on the server
Authentication protocols (SPF, DKIM, DMARC) that prevent spoofing and impersonation
Access controls and audit logs that track who accessed what, and when
A signed Business Associate Agreement (BAA) with the email provider

The distinction that trips up most organizations is this: encryption is a component of secure email, not the whole picture. A provider can offer encryption and still fail to meet HIPAA requirements if that encryption isn’t enforced, if there’s no BAA in place, or if audit logging doesn’t exist. Secure email is the combination of all these pieces functioning as a system, which is why it needs to be evaluated holistically rather than checked off feature by feature.

For healthcare provider, payer, and supplier organizations, this matters because email remains one of the highest-volume channels for PHI exposure, from clinical referrals to patient billing statements to routine staff communication. Getting the definition right is the first step toward closing the compliance gap.

Why Standard Email Is Not HIPAA-Compliant

Many healthcare organizations run on Gmail (Google Workspace) or Microsoft 365, and most assume they’re protected because encryption exists somewhere in the stack. That assumption is the single most common — and most dangerous — misconception in healthcare email security.

Here’s the problem: standard email services use opportunistic TLS by default. TLS is attempted between mail servers, but if the receiving server doesn’t support it, the message is delivered anyway — unencrypted, in plaintext. Neither the sender nor the recipient typically sees a warning. The email just goes through.

This isn’t a hypothetical edge case. IT professionals managing healthcare email infrastructure have flagged this exact issue directly: opportunistic TLS is often enabled by default and creates a false sense of security, since it offers no guarantee that a given message, including one containing PHI, won’t be transmitted in plaintext if the recipient’s mail server doesn’t support encryption. Organizations assume they’re protected simply because TLS is technically “on,” without realizing it isn’t enforced.

That gap has real consequences under HIPAA. The Security Rule currently treats transmission encryption as an “addressable” safeguard, meaning covered entities can, in theory, implement an equivalent alternative measure instead. In practice, regulators and auditors from the Office for Civil Rights (OCR) expect enforced encryption as the standard of care. “Addressable” has never meant optional — it means an organization needs a documented, defensible reason if it isn’t doing enforced encryption, and few reasons hold up under scrutiny. Finally, under OCR’s proposed changes to the HIPAA Security Rule for ePHI, scheduled for final publication in July 2027, email encryption moves from addressable to mandatory.

Beyond the encryption gap, standard consumer and even most business email plans typically lack:

A BAA that’s actually offered and signed (available on some enterprise tiers, but not automatic)
Enforced access controls beyond basic password authentication
Audit logging sufficient to meet HIPAA Security Rule requirements
Built-in encryption at rest guarantees for stored messages

None of this means Gmail or Microsoft 365 are inherently insecure products. It means their default configuration is built for general business use, not for an environment where every misrouted or intercepted message carries breach notification liability. Making either platform HIPAA-appropriate requires layering on additional tools, policies, and critically, a provider relationship that includes a signed BAA covering the exact services in use.

The Technical Components of Secure Email

Secure email is built upon five technical layers. Understanding each one, and where it fails in standard email, clarifies exactly what a compliant solution needs to deliver.

Encryption in Transit (TLS)

Transport Layer Security (TLS) encrypts the connection between mail servers as a message travels from sender to recipient. There are two flavors, and the difference between them is the crux of most healthcare email compliance failures:

Opportunistic TLS attempts an encrypted connection but falls back to unencrypted delivery if the receiving server doesn’t support it. This is the default across most consumer and business email platforms.
Enforced TLS requires an encrypted connection for delivery to succeed. If encryption can’t be established, the message fails to send rather than going out in plaintext, or a link to secure portal can be sent to securely access the information.

HIPAA’s Security Rule lists encryption as addressable, but enforced TLS has become the de facto standard that auditors and OCR expect from covered entities and business associates handling PHI over email. As one healthcare IT professional put it while debating this exact tradeoff internally: the goal is to require TLS for all outbound email and then document the remaining controls around it, treating enforced TLS as the technical baseline, with policy and process built on top.

Encryption at Rest

Transit encryption only protects a message while it’s moving. Once it lands on a mail server — sender’s outbox, recipient’s inbox, backups, archives — it needs to remain encrypted in storage. This is encryption at rest, and it’s where many organizations underestimate their exposure.

Encryption in transit alone offers zero control over a message after it’s been delivered. If the destination server isn’t itself encrypting stored data, or if a backup snapshot is taken without encryption, PHI sitting in an inbox is exposed regardless of how securely it arrived. HIPAA’s Security Rule requires safeguards for ePHI both in transit and at rest, a compliant secure email provider needs to guarantee both, not just one.

End-to-End Encryption (S/MIME, PGP)

End-to-end encryption (E2EE) encrypts message content itself, not just the connection it travels over — meaning even the email provider can’t read the content. Two standards dominate here:

S/MIME uses certificate-based encryption and is common in enterprise environments, such as healthcare, particularly where organizations already manage a public key infrastructure.
PGP (Pretty Good Privacy) uses a public/private key model and is more common in technical or security-conscious communities, though it’s less frequently deployed at scale in healthcare due to key management complexity.

E2EE isn’t a baseline requirement for every PHI-containing email, enforced TLS plus encryption at rest satisfies most use cases. But it becomes necessary for especially sensitive communications, cross-organization data sharing where you don’t control the recipient’s infrastructure, or when a business associate agreement specifically requires it.

Authentication (SPF, DKIM, DMARC)

These three protocols work together to prevent domain spoofing and email impersonation, a growing attack vector against healthcare organizations specifically, given how often phishing campaigns impersonate providers, payers, or patients.

SPF (Sender Policy Framework) specifies which mail servers are authorized to send email on behalf of a domain.
DKIM (DomainKeys Identified Mail) adds a cryptographic signature verifying a message wasn’t altered in transit.
DMARC (Domain-based Message Authentication, Reporting & Conformance) tells receiving servers what to do when SPF or DKIM checks fail, and provides reporting visibility.

Without these configured correctly, an organization’s domain can be spoofed to send convincing phishing emails to patients or staff, creating a security failure that compounds the compliance risk of email interception.

Digital Signatures

Digital signatures verify sender identity and confirm a message hasn’t been tampered with between sending and receipt. Paired with encryption, they close the loop on message integrity, confirming not just that content was protected, but that it came from who it claims to have come from and arrived unaltered.

Standard Email vs. Secure Email: Feature Comparison

Feature	Standard Email	Secure Email (HIPAA-Compliant)
Encryption in Transit	Opportunistic TLS — attempted but not enforced	Enforced TLS — connection fails if encryption unavailable, can include delivery via secure portal option
Encryption at Rest	Not guaranteed; provider-dependent	Required — server-side encryption of stored messages
End-to-End Encryption	Not available	Supported via S/MIME and/or PGP
Digital Signatures	Not available	Included — verifies sender identity and message integrity
Authentication (SPF / DKIM / DMARC)	Optional, rarely enforced	Required — spoofing and impersonation protection
Business Associate Agreement (BAA)	Not provided on standard plans	Required — must be signed before sending PHI
Audit Logs	Basic or none	Full audit trail — required under HIPAA Security Rule
Access Controls	Basic password only	Role-based access, MFA, admin controls
Misdirected Email	Reportable HIPAA breach	Non-reportable if properly encrypted (safe harbor)
HIPAA Compliant by Default	No	Yes

What Makes Email HIPAA-Compliant Specifically

Technical safeguards alone don’t make email HIPAA-compliant. Compliance is a combination of technology, contracts, and documented processes — all four need to be in place simultaneously. This includes:

A signed BAA with your email provider – Any vendor that transmits, processes, or stores PHI on your behalf is a business associate under HIPAA, and business associates are legally required to sign a BAA before handling that data. Email providers have persistent access to ePHI — even end-to-end encrypted messages pass through their infrastructure at some point — which makes this requirement absolute, not situational. If a provider won’t sign a BAA, using them to send or store PHI isn’t a compliance risk you can mitigate; it’s a violation from the start.

Encryption as an addressable safeguard – Under 45 CFR §164.312(e)(2)(ii), the HIPAA Security Rule lists encryption of ePHI in transit as “addressable” rather than strictly “required.” In practice, this doesn’t mean optional, it means an organization must implement it, or document and justify an equivalent alternative safeguard. Enforced encryption has become the expected standard, and with the newly proposed HIPAA Security Rule planned for July 2027 publication, NPRM would formalize that expectation by making encryption of ePHI in transit and at rest mandatory rather than addressable. Organizations still relying on opportunistic TLS as their “equivalent alternative” should treat this as a closing window.

Access controls and audit logs – HIPAA requires the ability to track who accessed PHI, when, and what they did with it. This means role-based access permissions, multi-factor authentication, and a complete, retained audit trail — not just for compliance reporting, but for identifying and responding to incidents quickly.

The encryption safe harbor – This is one of the most consequential, and most underused, provisions in HIPAA. If PHI is sent via properly encrypted email and ends up misdirected to the wrong recipient, it is not a reportable breach under the Breach Notification Rule, because the encrypted content is considered unreadable and therefore not “unsecured PHI.” The exact same misdirection with unencrypted email is a reportable breach, triggering notification obligations to the individual and to HHS/OCR. Encryption isn’t just a security best practice here, it’s the line between a non-event and a formal breach investigation.

HITRUST certification as a trust signal – When evaluating vendors, HITRUST CSF certification is a strong external indicator that a provider’s security controls have been independently assessed against a recognized healthcare-specific framework. It’s not a HIPAA requirement in itself, but it meaningfully reduces the diligence burden on your side when vetting a provider.

Types of Healthcare Email That Must Be Secure

Not all internal debate here is about “should we secure email” — it’s about scope. Which specific email flows actually carry PHI, and therefore need to run through a compliant channel? In practice, the answer is broader than most teams initially assume.

Screenshot 2026 07 29 at 9.47.13 AM What Is Secure Email? The Complete Guide for Healthcare Organizations

The common thread: if a message references anything that could identify a patient in connection with health information — a name next to a diagnosis, an account number tied to a service date, an annual test reminder — it needs to move through a secure channel, regardless of whether it’s clinical, financial, or administrative in nature.

How to Evaluate a Secure Email Provider for Healthcare

Vendor evaluation in this category tends to go one of two ways: teams either take a provider’s “HIPAA-compliant” label at face value, or they get buried in RFP questions without knowing which answers actually matter. Ask these key questiosn to focus the evaluation on what’s operationally and legally significant.

“Does the provider sign a BAA? This is the first filter, not the last. If a vendor won’t sign a BAA — or offers a heavily limited one — everything else is irrelevant. Some organizations go a step further and negotiate indemnity or make-whole clauses into the BAA itself, seeking financial protection beyond the baseline liability allocation.

What encryption methods are supported? Confirm specifically whether the provider offers TLS only, or also supports S/MIME and/or PGP for end-to-end encryption where needed. TLS-only coverage is sufficient for most standard PHI communication; organizations with cross-border data sharing or especially sensitive use cases may need E2EE options available.

Is encryption enforced or opportunistic? This is the single most important technical question to ask directly, in those terms. A vendor that describes its encryption vaguely, without distinguishing enforced from opportunistic delivery, hasn’t answered the question. Push for specifics.

How are large attachments handled? Lab results, imaging files, and clinical documents often exceed standard attachment size limits. Confirm the provider has a secure, compliant method for large file transfer that doesn’t force users onto an unencrypted workaround.

What audit logging and reporting capabilities exist? You need visibility into delivery, access, and any failed encryption attempts, not just a generic sent/received log. Ask whether logs are retained for a period consistent with your organization’s HIPAA documentation requirements.

Do they support high-volume transactional email? Appointment reminders, billing notices, and patient communications at scale require infrastructure built for volume without sacrificing per-message compliance. Confirm the provider’s platform is built for this your specific pattern, not just person-to-person messaging.

Is the platform US-based with US data residency? For many healthcare organizations, where data physically resides — and under which jurisdiction — is a material factor in vendor risk assessment, particularly for payers and larger provider organizations with strict data governance policies.”

One operational factor worth weighing alongside these questions: secure email portals — the kind that require recipients to click through to a separate web page to read a message — solve the encryption problem but often create a real adoption problem. IT teams have reported a direct conflict between phishing-awareness training and portal-based workflows: staff and patients trained not to click suspicious links in emails are, understandably, reluctant to click the “secure link” a portal email contains. This is a legitimate reason many organizations increasingly prefer platforms that enforce encryption transparently in the background — like LuxSci’s SecureLine encryption technology — rather than routing every message through a separate portal experience.

Secure Email Checklist for Healthcare Organizations

Every safeguard covered in this guide comes down to a handful of concrete, verifiable actions. Use the checklist below as a working reference for what needs to be in place across your legal agreements, technical controls, and internal processes. This is not a one-time setup task, but something worth revisiting as your email volume, vendors, and regulations evolve. Share it across your compliance and IT teams as a starting point for an internal audit.

Legal and Contractual – BAA signed with email provider and all third-party vendors handling PHI.
Encryption – Forced TLS, not opportunistic only for emails in transit and all stored data encrypted with AES-256 bit encryption.
Access and Audit – Unique user IDs, role-based access, and login monitoring with advanced MFA enabled for all email accounts; audit logs active and maintained.
People and Processes – Staff trained in PHI handling, established breach response plan, annual email security policy review.

What Should I Do Now?

Secure email isn’t a single setting you switch on — it’s a combination of enforced encryption, a signed BAA, access controls, and documented process working together. Get any one piece wrong, and the rest doesn’t hold up under an OCR audit or a breach investigation.

If your organization is still relying on opportunistic TLS, an unsigned or incomplete BAA, or a patchwork of workarounds to move PHI through email, now is the time to close that gap, especially with the proposed 2025 HIPAA Security Rule update poised to make encryption a mandatory requirement rather than an addressable one in 2027.

Below are three ways you can continue your journey to securing your healthcare email:

Explore LuxSci’s SecureLine encryption technology to see how automated encryption, enforced TLS, and a signed BAA work together — no complex configuration required.
Read our HIPAA Compliance Checklist to understand the full scope of what your organization needs to have in place beyond email.
Stay ahead of the new regulation with Email Encryption Under the New HIPAA Security Rule for a closer look at what the mandatory encryption shift means for your organization.

FAQs

1. Is email HIPAA compliant?

Email can be HIPAA compliant, but only when the right safeguards are in place — enforced encryption, a signed BAA with your email provider, access controls, audit logs, and staff training on PHI handling. Standard email without these safeguards is not compliant.

2. Do I need to sign a BAA with my email provider?

Yes. Email providers have persistent access to ePHI — even encrypted messages pass through their servers — making them Business Associates under HIPAA. A signed BAA is required. If your provider won’t sign one, you cannot legally use them to send or store PHI.

3. What is the difference between opportunistic TLS and enforced TLS — and which does HIPAA require?

Opportunistic TLS attempts encryption but falls back to plaintext if the recipient’s server doesn’t support it. Enforced TLS stops delivery rather than sending unencrypted. HIPAA’s Security Rule treats transmission encryption as an addressable specification, in practice, enforced TLS is the standard auditors and OCR expect. The proposed 2025 HIPAA Security Rule NPRM would make encryption of ePHI in transit a mandatory requirement in 2027.

4. What happens if I send PHI in an unencrypted email?

It is an impermissible disclosure under HIPAA’s Privacy Rule and triggers the Breach Notification Rule, requiring you to notify the individual and HHS/OCR within 60 days. Penalties range from $100 to $50,000 per violation. Had the email been properly encrypted, the same incident would qualify for HIPAA’s encryption safe harbor, meaning no notification required.

5. Is Gmail or Microsoft 365 HIPAA compliant for sending patient emails?

Neither is compliant in their default configuration. Both use opportunistic TLS, meaning PHI can be sent in plaintext if the recipient’s server doesn’t support encryption. A signed BAA is available on enterprise plans but doesn’t close the technical gap alone. A purpose-built HIPAA-compliant email platform is the reliable solution.

HIPAA Security Rule Update: Email Encryption Rule Delayed to 2027

July 22, 2026
Pete Wermter

If you’ve been waiting for the final word on the new HIPAA Security Rule before you touch your email encryption strategy, you now have an official reason to keep waiting.

Our advice: Don’t do it.

What is the new HIPAA Security Rule for ePHI?

The Department of Health and Human Services’ Office for Civil Rights had targeted May 2026 for a final rule implementing the most significant update to the HIPAA Security Rule in over two decades. The proposal eliminates the “addressable” standard and makes encryption of ePHI in transit and at rest mandatory for every covered entity and business associate. That deadline came and went quietly. Now we know why: an updated federal regulatory agenda shows OCR’s timeline has moved to July 2027, with the rule-making downgraded from “final rule stage” to “long-term action.” OCR is still working through more than 4,700 public comments on the January 2025 proposal.

For an industry that had been expecting a tighter deadline, a year-plus delay is the kind of news that invites a collective exhale — and a shelved project plan. At LuxSci, we think that would be a mistake, for three reasons:

The current rule already requires you to address encryption. “Addressable” was never “optional.” It has always meant you must implement the safeguard, implement an equivalent alternative, or document in writing why neither is reasonable for your organization. Most healthcare organizations have never done that documentation rigorously, and OCR’s existing enforcement authority applies today, not in 2027.
Breach costs haven’t waited for the rule. IBM’s 2025 Cost of a Data Breach Report puts the average healthcare breach at $7.42 million, still the highest of any industry. At the same time, email remains the number one attack vector into healthcare organizations. None of that risk is paused by a regulatory delay.
Delay is not withdrawal. OCR has not signaled it’s abandoning the encryption mandate, only that it’s taking longer to finalize it. Organizations that build now toward the standard already proposed will be ahead (and more secure) regardless of exactly when, or in what final form, the rule lands. Organizations that wait risk a compressed scramble once it does.

What should healthcare IT and compliance leaders actually do with this news?

Reevaluate your ePHI security posture, recalibrate its urgency, and use the extra runway to do the job right, instead of racing against a deadline. This includes:

Getting a real inventory of where ePHI moves by email today, inbound and outbound, and where encryption is inconsistent or absent.
Closing the documentation gap on “addressable” now, while you have time to do it well rather than defensively.
Pushing your email vendor for concrete answers on encryption standards, MFA enforcement, audit logging, and breach notification — the same technical controls the proposed rule would make mandatory.
Building (or updating) a written, enforcement-ready posture: policies, vendor agreements, certifications and verifications, test results, and training records that would hold up under an OCR investigation today, not just in a future compliance deadline.

Get LuxSci’s new Definitive Guide on the new HIPAA Security Rule

From Addressable to Mandatory: Email Encryption Under the New HIPAA Security Rule provides the latest update on the rule, what it means for healthcare email encryption, and what you can do now to properly prepare for what’s coming in 2027. The guide also includes an interactive scorecard that lets you evaluate your current email set up and vendor across seven security and compliance dimensions in under two minutes, no email address required.

You can read the guide here: From Addressable to Mandatory: Email Encryption Under the New HIPAA Security Rule

If you want a second set of eyes on where your organization stands, our team offers a free 30-minute compliance assessment of your current email environment against the proposed rule’s requirements.

Reach out today and schedule a call.

HIPAA Security Rule Email Encryption Requirements

July 8, 2026
Tom Deeb

Your Email Platform Is Becoming Critical Healthcare Infrastructure

July 1, 2026
Pete Wermter

Most healthcare organizations view email as a utility, a necessary tool for sending messages between staff, communicating with patients, sending out newsletters, connecting workflows, and so on. Historically, IT teams focused on keeping it running, security teams worried about phishing, and compliance teams made sure sensitive emails were encrypted.

Today, however, that view is rapidly becoming outdated.

Email has evolved into one of healthcare’s most critical digital infrastructure components, and also one of it’s biggest security threats. It’s a core channel for patient engagement, care coordination, revenue cycle operations, digital marketing, remote monitoring, and increasingly, AI-powered communications. The organizations that recognize this shift are building communications platforms designed for security, performance, automation, and growth. With the new HIPAA Security Rule requiring email encryption on the horizon, those companies that don’t may find themselves constrained by systems that were never intended to support modern healthcare.

Email Is No Longer Just a Messaging Tool

Healthcare organizations now depend on email to support dozens of mission-critical workflows every day.

Patients receive appointment reminders, registration instructions, imaging results, billing notifications, Explanation of Benefits (EOBs), prescription updates, preventive care reminders, patient education, and post-discharge follow-up. Marketing teams deliver personalized wellness campaigns and service line promotions. Clinical systems generate transactional notifications. Revenue cycle teams rely on secure digital communications to accelerate payments and reduce paper costs.

For many organizations, mission-critical patient communications flow through email every month.

When viewed collectively, email is more than a simple communications channel. It has become operational infrastructure with high levels of security needed and increasing compliance requirements.

The Stakes Continue to Rise

As healthcare becomes more digital, every communication carries greater business and clinical importance.

A delayed billing email may postpone payment. A failed appointment reminder can increase no-show rates. An undelivered care management message may impact patient outcomes. A misconfigured security policy can expose protected health information (PHI). Poor deliverability can undermine expensive patient engagement initiatives before they ever reach the inbox.

These are no longer isolated IT issues. Email can affect revenue, patient satisfaction, operational efficiency, compliance, and organizational reputation.

Today’s healthcare leaders require email infrastructure to provide the same reliability and visibility they demand from electronic health records, identity management systems, and other core infrastructure.

AI Is Raising the Bar Even Higher

There’s little doubt that artificial intelligence (AI) promises to transform patient communications.

Healthcare organizations everywhere are exploring AI-generated patient education, personalized outreach, intelligent scheduling, multilingual communications, and automated follow-up programs.

But AI also increases the importance of the underlying communications infrastructure.

Generating more personalized emails means little if organizations cannot:

Automatically protect PHI.
Apply consistent security policies.
Maintain complete audit trails.
Deliver messages reliably.
Integrate with EHRs, RCM and CRM platforms, and customer data platforms.
Demonstrate compliance during an audits.

In many ways, AI amplifies both the opportunities and the risks. Your email platform can help determine whether AI initiatives succeed or create new compliance and operational challenges.

Infrastructure Matters More Than Features

Healthcare buyers have traditionally evaluated email platforms based on individual features such as encryption, spam filtering, or secure portals.

Those capabilities remain important, but they no longer tell the whole story.

Today’s healthcare organizations should be evaluating communications platforms the same way they evaluate any mission-critical infrastructure.

Questions increasingly include:

Can it support both transactional and marketing communications?
Does it automatically enforce security policies without relying on user decisions?
Can it integrate with EHRs, CRM systems, CDPs, and business applications?
Will it scale during peak communication periods?
Does it provide detailed audit logging and reporting?
Can it adapt as regulatory expectations evolve?
Does it maintain high deliverability at enterprise scale?
Does it support single-tenant dedicated infrastructure for high performance and increased security?

These infrastructure characteristics often determine long-term success far more than any single feature comparison.

Email and the Future Of Secure Healthcare Communications

Healthcare is steadily moving toward a world where nearly every patient interaction is digital, personalized, and data-driven.

Healthcare leaders often ask whether they need a more secure email solution. That may be the wrong question.

The better question is whether their communications infrastructure is ready for where healthcare is headed over the next decade.

If you want talk about the future of your healthcare email infrastructure, reach out today and schedule a 30-minute assessment call with our experts.

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Is Microsoft Forms HIPAA Compliant?

December 9, 2024
Erik Kangas

Microsoft Forms is considered HIPAA compliant only when properly configured within a Microsoft 365 Enterprise or Business environment with an executed Business Associate Agreement (BAA). Unlike various competing products, Microsoft includes Forms among its covered services in its BAA, allowing healthcare organizations to collect protected health information when implemented with proper security controls and organizational policies.

Microsoft Business Associate Agreement Coverage

Microsoft offers a BAA that covers Microsoft Forms when used within a properly licensed Microsoft 365 environment. This agreement establishes Microsoft as a business associate under HIPAA regulations and defines responsibilities for protecting healthcare information. The BAA covers Microsoft Forms along with other Microsoft 365 services such as Exchange Online, SharePoint Online, and Teams. Healthcare organizations must execute this agreement before using Microsoft Forms to collect protected health information. The BAA establishes contractual protections beyond standard terms of service and the requirements of becoming HIPAA compliant.

Required Configuration for HIPAA Compliance

Making Microsoft Forms HIPAA compliant requires specific configuration beyond simply signing a BAA. Organizations must implement appropriate access controls using Microsoft 365 administrative settings to restrict form creation and data access to authorized personnel. Enabling audit logging through the Microsoft 365 Compliance Center helps track who creates, modifies, and accesses form data. Organizations need to configure retention policies that align with HIPAA record-keeping requirements. Multi-factor authentication adds an essential security layer for employees accessing protected health information. These technical controls work together to create a compliant environment for collecting patient information.

Security Features in Microsoft Forms

Microsoft Forms includes several security capabilities that support HIPAA compliance requirements. The platform encrypts data both during transmission and storage within Microsoft’s infrastructure. Access controls integrate with Microsoft 365 identity management to restrict form data visibility. Audit capabilities track form creation, modification, and response activities. Microsoft’s cloud infrastructure meets various compliance certifications beyond HIPAA, including FedRAMP, ISO 27001, and SOC standards. These underlying security measures provide the technical foundation for compliant form implementation when properly configured.

Limitations and Compliance Considerations

While Microsoft Forms can be HIPAA compliant, certain limitations require attention from healthcare organizations. The standard form templates do not include healthcare-specific authorization language required by the HIPAA Privacy Rule. Organizations must customize forms to include appropriate patient consent statements and privacy notices. Certain advanced features like form branching may create complexity in tracking what information appears to which respondents. Organizations need policies governing form creation and approval to ensure all necessary compliance elements appear consistently. These limitations require procedural controls beyond technical configuration.

Implementation Best Practices

Healthcare organizations implementing Microsoft Forms for collecting protected health information can benefit from following established best practices. Creating standardized form templates with pre-approved compliance language helps maintain consistency. Limiting form creation permissions to trained staff members reduces compliance risks. Regular privacy and security training for all employees who handle form data improves organizational awareness. Conducting periodic audits of form content and access patterns identifies potential compliance issues. Integrating forms with secure document storage in SharePoint improves information governance. These practices can enhance the security of patient information collected through electronic forms.

Alternative Form Solutions and Considerations

Microsoft Forms can be considered HIPAA compliant, but organizations should evaluate whether it provides the optimal solution for their needs. Specialized healthcare form platforms may offer additional features like electronic signature capture, direct EHR or CDP integration, or healthcare-specific templates. Microsoft Forms works best for organizations already invested in the Microsoft 365 ecosystem who need integrated form capabilities. The decision between Microsoft Forms and alternatives like LuxSci depends on factors including existing technology investments, integration requirements, complexity of form needs, and organizational resources for configuration and maintenance.

Is GoDaddy HIPAA Compliant?

March 25, 2025
Erik Kangas

GoDaddy hosting services are not HIPAA compliant by default, as the company does not offer Business Associate Agreements (BAAs) for its standard hosting plans, which prevents healthcare organizations from legally storing protected health information on these platforms. While GoDaddy provides security features like SSL certificates and malware scanning, these measures alone do not meet the requirements for HIPAA compliance. Healthcare organizations need hosting providers that specifically support healthcare regulatory requirements.

GoDaddy’s Standard Hosting Services

GoDaddy’s regular web hosting packages lack several elements needed for HIPAA compliance. These plans typically use shared server environments where multiple websites operate on the same physical hardware, creating potential data separation issues. The standard backup systems do not guarantee the encryption required for protected health information. User access controls in basic hosting plans lack the detailed permission settings and authentication measures that HIPAA demands. GoDaddy’s terms of service for regular hosting plans do not address healthcare data requirements or regulatory protections. Healthcare organizations often mistakenly assume that adding SSL certificates to GoDaddy hosting creates HIPAA compliance.

Business Associate Agreement Availability

Healthcare organizations must obtain a Business Associate Agreement before using any service provider for protected health information. GoDaddy does not offer BAAs for its standard shared, VPS, or dedicated hosting services. Without this agreement, healthcare providers cannot legally store patient information on GoDaddy platforms regardless of added security measures. The company’s support documentation does not mention HIPAA compliance or BAA availability for any of its hosting products. This limitation reflects GoDaddy’s focus on general business websites rather than regulated industries with strict data protection requirements. Healthcare organizations may assume incorrectly that larger hosting providers automatically support HIPAA needs.

GoDaddy’s Security Features

GoDaddy includes certain security features that, while valuable, fall short of HIPAA requirements. SSL certificates encrypt data during transmission but don’t address storage encryption needs. Malware scanning helps protect websites from common threats but doesn’t meet the continuous monitoring standards for healthcare data. The available backup options lack guarantees about encryption or access controls for the backup files themselves. Account permissions do not provide the granular access controls needed for healthcare applications. Server update processes may not meet the timely patching requirements for systems handling sensitive information. These limitations make GoDaddy unsuitable for websites containing patient data despite its general security offerings.

HIPAA Compliant Hosting Alternatives

Healthcare organizations have several hosting alternatives that specifically address HIPAA requirements. Specialized HIPAA compliant hosting providers include appropriate security measures and offer BAAs as standard practice. These providers implement server-level encryption, detailed access logging, and physical security controls designed for healthcare data. Cloud platforms like AWS, Microsoft Azure, and Google Cloud offer HIPAA compliant configurations with available BAAs. Many healthcare-focused hosting companies provide compliance support services beyond just server space. The cost for these services usually exceeds standard GoDaddy plans but includes necessary compliance features.

Appropriate Uses for GoDaddy Services

GoDaddy hosting remains suitable for certain healthcare-related websites that don’t involve protected health information. Informational healthcare websites displaying services, provider biographies, and location details can use standard hosting. Marketing materials and educational resources without patient data fall outside HIPAA requirements. Healthcare organizations sometimes maintain separate websites—placing public information on standard hosting while keeping patient portals on HIPAA compliant platforms. This separation reduces costs while maintaining appropriate compliance for protected information. Organizations using this approach need clear policies about what information appears on which platform.

Evaluation Criteria for Hosting Services

Healthcare organizations should evaluate potential hosting providers using consistent criteria. Providers must offer Business Associate Agreements addressing their responsibilities under HIPAA. Hosting environments need encryption for data both during transmission and while stored on servers. Access controls should limit system access to authorized personnel with appropriate permissions. Audit logging capabilities must track all user activities and system events. Physical security measures for data centers should include restricted access and environmental protections. Regular security assessments help identify potential vulnerabilities. Organizations benefit from documenting their evaluation process to demonstrate due diligence in selecting HIPAA compliant hosting partners.

What Is the Best HIPAA Compliant Email Software?

October 16, 2025
Erik Kangas

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

Why to seek out the Best HIPAA Compliant Email Software

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

Security Controls That Set Email Software Apart

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

Contracts and Evidence

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

Integrations That Put Messages Into the Record

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

Administration and Support Built for Scale

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

Comparing the Best HIPAA Compliant Email Software

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

Budget Planning Without Surprises

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

How Do You Know if Software is HIPAA Compliant?

February 21, 2025
Pete Wermter

As in any industry, the healthcare sector is eager to embrace any new technology solution that increases productivity, enhances operational efficiency, and cuts costs. However, the rate at which healthcare companies – and their patients and customers – have had to adopt new software and digital tools has skyrocketed since the pandemic. And while a lot of this software is beneficial, a key question arises: is it HIPAA compliant? While an application may serve an organization’s needs – and may be eagerly embraced by patients – it also needs to have the right measures in place to safeguard protected health information (PHI) to determine if it is indeed HIPAA compliant.

Whether you’re a healthcare provider, software vendor, product team, or IT professional, understanding what makes software HIPAA compliant is essential for safeguarding patient data and insulating your organization from the consequences of falling afoul of HIPAA regulations.

With this in mind, this post breaks down the key indicators of HIPAA compliant software, the technical requirements you should look for, and best practices for ensuring your software is HIPAA compliant.

What Does It Mean for Software to Be HIPAA-Compliant?

The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for safeguarding PHI, which includes any data related to a patient’s health, treatment, or payment details. In light of this, any applications and systems used to process, transmit, or store PHI must comply with the stringent privacy, security, and breach notification requirements set forth by HIPAA.

Subsequently, while healthcare organizations use a wide variety of software, most of it is likely to be HIPAA-compliant. Alarmingly, many companies aren’t aware of which applications are HIPAA-compliant and, more importantly, if there’s a need for compliance in the first place.

However, it’s important to note that HIPAA itself does not certify software. Instead, it’s up to software vendors to implement the necessary security and privacy measures to ensure HIPAA compliance. Subsequently, it’s up to healthcare providers, payers, and suppliers to do their due diligence and source HIPAA compliant software.

How to Determine If Software Is HIPAA Compliant

So, now that we’ve covered why it’s vital that the applications and systems through which sensitive patient data flows must be HIPAA compliant, how do you determine if your software meets HIPAA requirements? To assess whether software is HIPAA compliant, look for these key indicators:

1. Business Associate Agreement (BAA)

A HIPAA compliant software provider must sign a Business Associate Agreement (BAA) with covered entities, i.e., the healthcare company. A BAA is a legal contract that outlines the vendor’s responsibility for safeguarding PHI. If a software provider doesn’t offer a BAA, their software is NOT HIPAA compliant.

Now, if a vendor offers a BAA, it should be presented front and center in their benefits, terms or conditions, if not on their website homepage as part of their key features. If a vendor has taken the time and effort to make their infrastructure robust enough to meet HIPAA regulations, they’ll want to make it known to reassure healthcare organizations of their suitability to their particular needs.

2. End-to-End Encryption

A key requirement of the HIPAA Security Rule is that sensitive patient data is encrypted end to end during its transmission. This means being encrypted during transit, i.e., when sent in an email or entered into a form, and at rest, i.e., within the data store in which it resides.

In light of this, any software that handles PHI should use strong encryption standards, such as:

Transport Layer Security (TLS – 1.2 or above): for secure transmission of PHI in email and text communications.
AES (Advanced Encryption Standard) 256: the preferred encryption method for data storage as per HIPAA security standards, due to its strength.

3. Access Controls and User Authentication

One of the key threats to the privacy of patient data is access by unauthorized parties. This could be from employees within the organization who aren’t supposed to have access to PHI. In some, or even many, cases, this may come down to lax and overly generous access policies. However, this can result in the accidental compromise of PHI, affecting both a patient’s right to privacy and, in the event patient data is unavailable, operational capability.

Alternatively, the exposure of PHI can be intentional. One on hand, it may be from employees working on behalf of other organizations, i.e., disgruntled employees about to jump ship to a competitor. More commonly, unauthorized access to patient data is perpetrated by malicious actors impersonating healthcare personnel. To prevent the unintended exposure of PHI, HIPAA compliant infrastructure, software and applications must support access control policies, such as:

Role-based access control (RBAC): the restriction of access to PHI based on their job responsibility in handling PHI, i.e.., an employee in billing or patient outreach. A healthcare organization’s security teams can configure access rights based on an employee’s need to handle patient data in line with their role in the company.
Multi-factor authentication (MFA): this adds an extra layer of security beyond user names and passwords. This could include a one-time password (OTP) sent via email, text, or a physical security token. MFA is very diverse and can be scaled up to reflect a healthcare organization’s security posture. This could include also biometrics, such as retina and fingerprint scans, as well as voice verification.
Zero-trust security: a rapidly emerging security paradigm in which users are consistently verified, as per the resources they attempt to access. This prevents session hijacking, in which a user’s identity is trusted upon an initial login and verification. Instead, zero trust continually verifies a user’s identity.
Robust password policies: another simple, but no less fundamental, component of user authentication is a company’s password policy. While conventional password policies emphasize complexity, i.e., different cases, numbers, and special characters, newer password policies, in contrast, emphasize password length.

4. Audit Logs & Monitoring

A key HIPAA requirement is that healthcare organizations consistently track and monitor employee access to patient data. It’s not enough that access to PHI is restricted. Healthcare organizations must maintain visibility over how patient data is being accessed, transferred, and acted upon (copied, altered, deleted). This is especially important in the event of a security event when it’s imperative to pinpoint the source of a breach and contain its spread.

In light of this, HIPAA compliant software must:

Maintain detailed audit logs of all employee interactions with PHI.
Provide real-time monitoring and alerts for suspicious activity.
Support log retention for at least six years, as per HIPAA’s compliance requirements.

5. Automatic Data Backup & Disaster Recovery

Data loss protection (DLP) is an essential HIPAA requirement that requires organizations to protect PHI from loss, corruption, or disasters. With this in mind, a HIPAA-compliant software solution should provide:

Automated encrypted backups: real-time data backups, to ensure the most up-to-date PHI is retained in the event of a security breach.
Comprehensive disaster recovery plans: to rapidly restore data in case of cyber attack, power outage, or similar event that compromises data access.
Geographically redundant storage: a physical safeguard that sees PHI. stored on separate servers in different locations, far apart from each other. So, if one server goes down or is physically compromised (fire, flood, power outage, etc.,) patient data can still be accessed.

6. Secure Messaging and Communication Controls

For software that involves email, messaging, or telehealth, i.e., phone or video-based interactions, in particular, HIPAA regulations require:

End-to-end encryption: for all communications, as detailed above.
Access restrictions: policies that only enable those with the appropriate privileges to view communications containing patient data.
Controls for message expiration: automatically deleting messages after a prescribed time to mitigate the risk of unauthorized access.
Audit logs: to monitor the inclusion or use of patient data.

7. HIPAA Training & Policies

Even the most secure software can be compromised if its users aren’t sufficiently trained on how to use it. More specifically, the risk of a security breach is amplified if employees don’t know how to identify suspicious behavior and who to report it to if an event occurs. With this in mind, it’s prudent to look for software vendors that:

Offer HIPAA compliance and cyber safety awareness training for users.
Implement administrative safeguards, such as usage policy enforcement and monitoring.
Support customizable security policies to align with your organization’s compliance needs.

Shadow IT and HIPAA Compliance

Shadow IT is an instance of an application or system being installed and used within a healthcare organization’s network without an IT team’s approval. Despite its name, shadow IT is not as insidious as it sounds: it’s simply a case of employees unwittingly installing applications they feel will help them with their work. The implications, however, are that:

IT teams are unaware of said application, and how data flows through it, so they can’t secure any PHI entered into it.
The application may have known vulnerabilities that are exploitable by malicious actors. This is all the more prevalent with free and/or open-source software.

While discussing the issue of shadow IT in general, it’s wise to discuss the concept of “shadow AI” – the unauthorized use of artificial intelligence (AI) solutions within an organization without its IT department’s knowledge or approval.

It’s easily done: AI applications are all the rage and employees are keen to reap the productivity and efficiency gains offered by the rapidly growing numbers of AI tools. Unfortunately, they fail to stop and consider the data security risks present in AI applications. Worse, with AI technology still in its relative infancy, researchers, vendors, and other industry stakeholders have yet to develop a unified framework for securing AI systems, especially in healthcare.

Consequently, the risks of entering patient data into an AI system – particularly one that’s not been approved by IT – are considerable. The privacy policies of many widely-used AI applications, such as ChatGPT, state the data entered into the application, during the course of engaging with the platform, can be used in the training of future AI models. In other words, there’s no telling where patient data could end up – and how and where it could be exposed.

The key takeaway here is that entering PHI into shadow IT and AI applications can pose significant risks to the security of patient data, and employees should only use solutions vetted, deployed, and monitored by their IT department.

Best Practices for Choosing HIPAA Compliant Software

Now that you have a better understanding of how to evaluate software regarding HIPAA compliance, here are some best practices to keep in mind when selecting applications to facilitate your patient engagement efforts:

✔ Look for a BAA: quite simply, having a BAA in place is an essential requirement of HIPAA-compliant software. So, if the vendor doesn’t offer one, move on.

✔ Verify encryption standards: ensure the software encrypts PHI both at rest and in transit.

✔ Test access controls: choose HIPAA-compliant software that allows you to restrict access to PHI based on an employee’s role within the organization.

✔ Review audit logging capabilities: HIPAA compliant software should track every PHI interaction. This also greatly assists in incident detection and reporting (IDR), as it enables security teams to pinpoint and contain cyber threats should they arise.

✔ Ensure compliance support: knowing the complexities of navigating HIPAA regulations, a reputable software vendor should provide comprehensive documentation on configuring their solution to match the client’s security needs. Better yet, they should provide the option of cyber threat awareness and HIPAA compliance training services.

✔ Create a List of Software Vendors: combining the above factors, it’s prudent for healthcare organizations to compile a list of HIPAA compliant software vendors that possess the features and capabilities to adequately safeguard PHI.

Choosing HIPAA Compliant Software

Matching the right software to a company’s distinctive workflows and evolving needs is challenging enough. However, for healthcare companies, ensuring the infrastructure and applications within their IT ecosystem also meet HIPAA compliance standards requires another layer of, often complicated, due diligence.

Failure to deploy a digital solution that satisfies the technical, administrative, and physical security measures required in a HIPAA compliant solution exposes your organization to the risk of suffering the repercussions of non-compliance.

If select and deploy the appropriate HIPAA compliant software, in contrast, your options for patient and customer engagement are increased, and you’ll be able to include PHI in your communications to improve patient engagement and drive better health outcomes. Schedule a consultation with one of our experts at LuxSci to discuss whether the software in your IT ecosystem meets HIPAA regulations. and how we can assist you in ensuring your organization is communicating with patient and customers in a HIPAA compliant way.