Yes, HIPAA’s Privacy Rule acknowledges medical students in healthcare operations, so these students can and should use HIPAA compliant emails to safeguard patients’ protected health information (PHI).
HIPAA compliance for medical students
According to the HHS, HIPAA’s Privacy Rule recognizes the role of students in “‘health care operations’, [where] students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers.’”
So, “All students must follow Health Insurance and Portability and Accountability Act (HIPAA) rules when participating in clinical activities at affiliated hospitals and clinics; HIPAA compliance includes maintaining confidentiality of paper and electronic health records,” as evidenced by Harvard Medical School’s student handbook.
More specifically, medical students must use HIPAA compliant emails to safeguard patients’ protected health information (PHI) when discussing patient cases as part of their training.
Go deeper: What is the HIPAA Privacy Rule?
What are HIPAA compliant emails?
HIPAA compliant emails are electronic communications that adhere to the Health Insurance Portability and Accountability Act (HIPAA), which protects sensitive patient information. These emails are designed to ensure the confidentiality, integrity, and security of protected health information (PHI) sent via email.
How medical students can ensure HIPAA compliance
1. Avoid regular email: Regular email accounts, like Gmail, do not meet HIPAA requirements. Instead, medical students should use a HIPAA compliant platform to send patient information.
2. Use HIPAA compliant emailing platforms: Many medical schools and teaching hospitals provide HIPAA compliant emailing platforms, so students can check with IT departments or compliance officers if they can use the organization’s official email accounts to securely send PHI.
Specifically, HIPAA compliant platforms, like Paubox, use advanced security measures, like encryption, audit logs, and two-factor authentication, to protect PHI. Additionally, the platform must sign a business associate agreement (BAA) to acknowledge its responsibility in protecting PHI.
3. Training: Medical students should undergo training on how to use HIPAA compliant emails. Provider organizations and training institutions can offer training on encryption, how to recognize phishing attempts, and how to report suspicious activities.
4. Implement access controls: Provider organizations must restrict PHI access to authorized individuals, including medical students directly involved in patient care.
5. Minimize PHI: Even with HIPAA compliant platforms, medical students should limit the amount of PHI they share via email to mitigate the risk of potential data breaches.
Go deeper: A guide to HIPAA's minimum necessary standard
What happens if a student does not use HIPAA compliant emails?
Failure to use HIPAA compliant emails can have severe consequences. For medical students, PHI breaches can result in disciplinary action, “including the possibility of required withdrawal or expulsion,” explains the Harvard Medical School student handbook.
Additionally, institutional non-compliance can lead to fines up to $1.5 million per year, legal action resulting in costly settlements or judgments, as well as reputational damage.
Go deeper: What are the penalties for HIPAA violations?
FAQs
Do medical students need to follow HIPAA regulations?
Yes, medical students must adhere to HIPAA regulations when handling protected health information (PHI).
What is PHI?
PHI stands for protected health information, which includes any information that can identify a patient and is related to their health status, provision of healthcare, or payment for healthcare.
Can medical students email patient information?
Yes, but they must use HIPAA compliant emailing platforms, like Paubox, to safeguard patients’ protected health information (PHI). These platforms offer encryption, authentication and other security measures to mitigate the risk of unauthorised access or potential breaches.
