Constant Contact is an online marketing solution designed for businesses looking to enhance their email marketing campaigns.
Constant Contact provides a suite of tools and features that allow organizations to create, send, and analyze email marketing campaigns. With a user-friendly interface and customizable templates, Constant Contact tries to simplify the process of engaging with subscribers and driving business growth.
Is Constant Contact HIPAA compliant? Yes, based on our research, Constant Contact can be HIPAA compliant, but there are limitations.
Will Constant Contact sign a business associate agreement (BAA)?
Yes, Constant Contact will sign a business associate agreement, which can be reviewed by contacting Constant Contact’s legal team.
What does the Constant Contact BAA cover?
The Constant Contact BAA covers the protection of user data, stating, “...as required under HIPAA, we employ administrative, physical, and technical safeguards to protect all of our customers’ subscriber data.”
What does the Constant Contact BAA exclude?
Constant Contact limits the type of data that can be used on their platform.
Their terms say that users “Must abide by our Website and Products Terms and Conditions of Use, which prohibit sensitive personal or health information of any kind, including sensitive PHI (for example: mental health, substance abuse, or HIV information) from being stored on or transmitted through our systems. Our application was not built for electronic medical records (EMR). If you have such information to send, please do not use Constant Contact.”
This is a significant limitation when it comes to industries such as healthcare or any field where handling sensitive personal or health-related information is needed.
Conclusion
Constant can be HIPAA compliant, but its business associate agreement does not cover many everyday healthcare communication cases.
Learn more: HIPAA Compliant Email: The Definitive Guide
FAQS
What is a business associate agreement?
A business associate agreement (BAA) is a legally binding contract establishing a relationship between a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and its business associates. The purpose of this agreement is to ensure the proper protection of personal health information (PHI) as required by HIPAA regulations.
What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for protecting the privacy and security of certain health information, known as protected health information (PHI).
HIPAA is designed to protect the privacy and security of individuals’ health information and to ensure that healthcare providers and insurers can securely exchange electronic health information. Violations of HIPAA can result in significant fines and penalties for covered entities.
Who does HIPAA apply to?
HIPAA applies to covered entities, which include healthcare providers, health plans, and healthcare clearinghouses. It also applies to business associates of these covered entities. These entities perform certain functions or activities on behalf of the covered entity.
Farah Amod
