Do emails between providers need to be HIPAA compliant?

Yes, emails between healthcare providers must be HIPAA compliant. HIPAA requires safeguards like encryption, access controls, staff training, and business associate agreements to protect the confidentiality of patient information, particularly the inclusion of sensitive protected health information (PHI). Compliance with HIPAA regulations upholds patient privacy and secure healthcare data during electronic communication.

Why do emails between providers need to be HIPAA compliant?

Communication between healthcare providers, even in routine exchanges, frequently involves sharing sensitive patient details, including names, diagnoses, medications, and test results—collectively known as PHI. HIPAA sets the standards that healthcare organizations must protect this information. 

What constitutes protected health information (PHI) in emails

Even routine communication about a patient can include patient names, dates of birth, medical record numbers, diagnoses, prescribed medications, and laboratory results. PHI encompasses a broad spectrum of information about an individual's health, treatments, or payment details. The inclusion of PHI in provider emails is the reason that they must be HIPAA compliant. 

Related: What are the 18 PHI identifiers?

HIPAA compliance requirements for provider emails

• Encryption in transit and at rest: Encryption relies on HIPAA compliant email services or platforms with encryption protocols to scramble email content during transmission and at rest. This step prevents unauthorized interception and access to sensitive information, ensuring the confidentiality of patient data.
• Safeguards beyond encryption: Verifying recipient email addresses helps avoid accidental disclosures while implementing access controls limits access to electronic PHI to authorized personnel only. Staff training further reinforces compliance, ensuring that individuals handling PHI are well-versed in the proper protocols and security measures.
• Business associate agreements (BAAs): According to the HHS, "these agreements establish a legal framework outlining the responsibilities and obligations of external entities." Whether engaging an external email hosting provider or another service facilitating communication, a BAA ensures a unified commitment to safeguarding PHI and compliance with HIPAA regulations.

How to ensure HIPAA compliance in provider emails

1. Encryption: Implement encryption to safeguard data in emails, ensuring the confidentiality of patient information.
2. Choosing secure email platforms: Select email platforms prioritizing encryption, secure protocols, and HIPAA compliance like Paubox. Evaluate providers to ensure they meet necessary security standards.
3. Verify recipient addresses: Enhance security by verifying recipient email addresses, mitigating risks of accidental disclosures. Ensure emails reach intended, authorized recipients only.
4. Access controls: Implement user authentication, secure passwords, and role-based access to control PHI access. Limit access to authorized personnel, preventing unauthorized compromise of patient data.
5. Staff training: Conduct ongoing training to inform employees about secure email procedures, emphasizing encryption and access controls for HIPAA compliance.
6. Business associate agreements (BAAs): Ensure third-party compliance through BAAs, establishing legal obligations for safeguarding PHI. Align all entities involved in a unified commitment to HIPAA compliance.

Additional considerations for HIPAA compliant provider emails

• Minimizing PHI inclusion: Strategically reduce the inclusion of PHI in emails to enhance overall security, contributing to a comprehensive risk mitigation strategy.
• Patient consent for sharing PHI via email: Obtain patient consent for sharing PHI via email, adding an extra layer of protection and transparency to the communication process.

FAQs

Are there specific recommendations for healthcare providers using mobile devices for HIPAA compliant email communication?

Providers should implement strong security measures on mobile devices, including password protection, device encryption, and remote wipe capabilities. Additionally, using secure email applications designed for healthcare can enhance mobile communication while maintaining HIPAA compliance.

What steps should healthcare providers take if there's a suspected HIPAA breach in email communication?

In the event of a suspected breach, providers should promptly conduct a risk assessment, notify affected individuals and relevant authorities, and take corrective actions. Have a well-defined incident response plan to efficiently address and mitigate potential breaches in HIPAA compliant email communication.

Can healthcare providers use email for research collaborations involving patient data?

Email can be used for research collaborations, but providers must implement additional safeguards. This includes de-identifying patient data whenever possible, obtaining appropriate permissions, and ensuring compliance with HIPAA and institutional research ethics guidelines.

Related: Top 10 HIPAA compliant email services