Business associates need to use HIPAA compliant email. HIPAA requires the secure handling of protected health information (PHI), and compliant email systems, with encryption and robust security measures, ensure PHI's secure transmission and storage. These systems mitigate data breach risks, align with business associate agreements (BAAs), and play a role in regulatory compliance, safeguarding patient privacy.
What are business associates under HIPAA?
Business associates encompass a broad spectrum of entities and individuals supporting covered entities, such as hospitals, health plans, and doctors' offices. These associates perform various functions involving the use or disclosure of PHI. Their roles span diverse services, from electronic health record vendors to medical transcriptionists, which entail managing PHI.
Read more: How to know if you’re a business associate
Explaining HIPAA compliant email
HIPAA compliant email systems like Paubox, are the foundation for secure communication in healthcare settings. These systems adhere strictly to the HIPAA Security Rule, safeguarding PHI during transmission and storage. Encryption stands at the forefront of these systems, encoding PHI to prevent unauthorized access or interception.
In addition to encryption, access controls and secure transmission protocols strengthen these email systems, maintaining the confidentiality and integrity of PHI. These features ensure that only authorized individuals can access sensitive patient information, meeting the requirements set by HIPAA.
Related: Features to look for in a HIPAA compliant email service provider
Business associate agreement (BAA) requirements
BAAs are legal contracts between covered entities and business associates. These agreements outline the specific services provided, the types of PHI involved, and the security measures implemented to protect it. BAAs often require HIPAA compliant email systems for transmitting PHI, stressing the need for secure communication methods.
These contractual obligations indicate the role of compliant email systems in maintaining compliance with HIPAA regulations and meeting the standards outlined in BAAs.
Read more: What is the purpose of a business associate agreement?
Risk assessment and PHI sensitivity
Business associates must conduct thorough risk assessments to ascertain the sensitivity and risk level associated with the PHI they handle. Assessing the nature and volume of PHI managed assists in determining the necessity of compliant email systems. Highly sensitive PHI, such as genetic data or mental health records, demands stringent security measures.
Compliance and patient trust
Compliance with HIPAA regulations safeguards against legal repercussions and promotes patient trust. Patients entrust healthcare entities with their sensitive information, expecting it to be handled securely. Using HIPAA compliant email systems shows a commitment to protecting patient privacy and upholding regulatory standards.
FAQs
Can business associates use free email services for PHI?
No, free email services do not provide the necessary security features such as encryption and a BAA, which are requiredfor HIPAA compliance.
What should business associates do if an email breach occurs?
In the event of a breach, business associates must report it to the covered entity and follow the breach notification procedures outlined in HIPAA, which may involve notifying affected patients and regulatory authorities.
Can a business associate be held liable for HIPAA violations if they use non-compliant email?
Yes, business associates can face significant penalties and legal consequences if they use non-compliant email systems and are found responsible for HIPAA violations or data breaches involving PHI.
Liyanda Tembani
