Covered entities can be HIPAA compliant when emailing about prescriptions by implementing safeguards like using encrypted email, having patient consent, and signing a BAA. Prescription information is considered protected health information (PHI), so practices should handle this information carefully and securely.
About 66% of U.S. adults take prescription drugs; however, only half of them adhere to their treatment. One study found that of the 600,000 patients, 39% forgot to take their meds, 20% did not renew scripts on time, and 10% put off refills, resulting in multiple missed doses. Regular monitoring of patients and medication management can help promote treatment adherence.
During the prescription renewal process, practitioners can make sure patients receive their medicine on time while also assessing the treatment’s effectiveness. Follow-ups provide opportunities for healthcare professionals to monitor patients’ health, adjust medications as needed, and discuss any side effects or concerns.
PHI encompasses any health information that can identify a patient, including names, diagnoses, medications, and treatment details. As prescription renewals and follow-ups often involve discussing this sensitive information, HIPAA regulations apply to protect patients’ rights and privacy.
The HIPAA Privacy Rule requires that healthcare providers keep PHI safe and only allow authorized individuals to access it.
According to the HHS, “The Privacy Rule allows covered health care providers to communicate electronically, such as through e-mail, with their patients, provided they apply reasonable safeguards when doing so." When healthcare providers use email for prescription-related communication, they must stick to these regulations.
Non-compliant email communication can lead to unauthorized access, interception, or exposure of sensitive health information. The repercussions of non-compliance can be severe, including hefty fines and legal penalties. More importantly, breaches can lead to the loss of patient trust, which can be difficult to regain.
Encrypting emails containing PHI helps ensure compliance. Encryption secures email messages during transmission and when stored, preventing unauthorized access. Healthcare providers should consider using encryption tools and services that meet HIPAA standards.
Read more: What happens to your data when it is encrypted?
If a healthcare provider uses a third-party email service, they must ensure that the provider is HIPAA compliant and sign a BAA. This agreement outlines the responsibilities of the email service provider in protecting PHI.
Related: The consequences of not having a BAA with an email service provider
Healthcare providers must inform patients about the risks associated with sharing PHI through this medium before communicating via email. Obtaining consent from patients helps ensure they understand these risks and agree to email communication.
Choosing a HIPAA compliant email provider like Paubox ensures that PHI remains secure. Providers should look for email services that offer encryption, audit trails, and access controls to enhance security.
Strong access controls, including password protection and multi-factor authentication (MFA), help safeguard email accounts. Access to email accounts should be restricted to authorized personnel only.
Yes, patients have the right to opt out of email communication at any time, and healthcare providers must honor this request by offering alternative, secure communication methods like HIPAA compliant text messaging.
Providers should securely store emails related to prescription renewals and follow-ups as part of the patient’s medical record, per the HIPAA retention policies, ensuring they remain accessible for future reference.
Automated email reminders for prescription renewals can be HIPAA compliant if the emails are encrypted, limited to the minimum necessary information, and sent with the patient's prior consent.