HIPAA email compliance: 9 steps to protect PHI

Healthcare providers are facing growing challenges when it comes to protecting patient information. The Health Insurance Portability and Accountability Act (HIPAA) was introduced to address these concerns, setting clear guidelines on safeguarding sensitive health data. According to one study, email is still one of the most commonly used communication tools in healthcare, which means ensuring HIPAA compliance in email is not just a legal requirement—it’s mandatory to maintain patient trust. 

What is HIPAA compliance, and why does it matter?

HIPAA compliance is all about adhering to rules that keep patients' health information safe from unauthorized access, theft, or misuse. These rules apply to healthcare providers and any businesses that work with them—like email service providers, cloud storage companies, and even billing firms. Anyone handling PHI needs to follow HIPAA’s guidelines to protect this data.

There are two main groups responsible for compliance:

• Covered entities: This includes healthcare providers, insurance companies, and clearinghouses that handle PHI directly.
• Business associates: Companies that provide services to healthcare organizations and handle PHI, like IT service providers, email vendors, and accountants, fall under this category.

Both groups must take proactive steps to keep patient information safe, including when using email to communicate.

Read more: What is HIPAA? 

Why HIPAA compliance in email is critical

• Protecting patient privacy: Patient data is highly valuable and frequently targeted by cybercriminals. A data breach can cause serious harm to patients and organizations. Protecting emails that contain PHI helps ensure that sensitive information remains confidential and that patients' rights to privacy are respected.
• Avoiding hefty penalties: Failing to comply with HIPAA regulations can have severe financial consequences. Fines can range from $100 to $50,000 per violation, and the maximum penalty can be as high as $1.5 million per year, depending on the severity of the infraction. Making sure your email communication is secure helps avoid these costly penalties.
• Enabling secure collaboration: When healthcare professionals can share patient information safely via email, it streamlines the care process. Secure email ensures that details about a patient’s care reach the right people at the right time, which can improve overall patient outcomes.

Learn more: HIPAA Compliant Email: The Definitive Guide

9 steps to ensure HIPAA compliance in email communications

Use email encryption

Encryption is the backbone of HIPAA compliant email communication. To meet HIPAA standards, emails containing PHI must be encrypted before they’re sent, while they’re being transmitted, and after they’re received. These safeguards ensure that only authorized recipients can access the content of the message.

Limit access to patient data

Not everyone in your organization needs access to PHI. Limit access to those who need it to perform their job. Restricting access and regularly reviewing permissions aligns with the minimum necessary rule, a core principle of HIPAA compliance.

Create clear policies for emailing PHI

Make sure your organization has written policies about when PHI can be emailed and who can send it. Include guidelines for using secure email or other methods for sensitive information that might not be appropriate for email. Clear rules will help staff avoid mistakes that could lead to a breach.

Archive and backup emails securely

All emails containing PHI must be securely stored and backed up. These emails should be encrypted even when archived, and access should be limited to authorized personnel. Having proper backup processes in place will ensure you can recover data if something goes wrong, and that PHI is securely disposed of when no longer needed.

Get patient consent before sending emails

Obtaining patients' consent is mandatory before sending emails containing PHI. The written authorization should inform them that their email provider may not offer the same level of security as a HIPAA compliant service. If they decline, offer alternative communication methods, such as a patient portal.

Partner with a HIPAA compliant email provider

Not all email providers are created equal. Ensure you’re using a provider that understands HIPAA requirements and can offer the necessary safeguards, including encryption and a business associate agreement (BAA). Avoid consumer-grade email services like Gmail or Yahoo, as they may lack the required security features.

Seek legal advice when necessary

Healthcare regulations can be complex. Consulting with healthcare attorneys who specialize in HIPAA can help ensure your organization is on the right track. They can provide guidance on best practices and keep you informed about any regulatory changes that may impact your email compliance.

Secure devices used to access PHI

Ensure that any devices your staff use to access or send PHI, including smartphones, tablets, and laptops, are properly secured. Proper security involves encryption, using strong passwords, and having remote wipe capabilities in case the device is lost or stolen. 

Train your staff regularly

Your organization should have regular HIPAA compliance training sessions for all employees, with an emphasis on email security. Teach them to spot phishing attempts, securely handle PHI, and follow your organization’s email policies. Be sure to document all training to demonstrate your commitment to compliance.

Why working with a HIPAA compliant email provider is a smart move

Understanding HIPAA compliance can feel overwhelming, especially when it comes to securing email communications. One way to ease the burden is by partnering with a HIPAA compliant email provider, like Paubox. They offer secure email services, including encryption, secure data storage, and detailed reporting. With a trusted partner handling email compliance, healthcare organizations can focus on their primary mission: delivering excellent patient care.

How can Paubox help

HIPAA compliant email is guaranteed through Paubox Email Suite, which provides needed protections without the use of extra logins, passwords, or portals. With our HITRUST CSF certified solution, all emails are encrypted, sent directly from your existing email platform. 

Compliance is further ensured with Paubox Marketing and Paubox Email API. Both allow covered entities to send targeted messages without stressing about possible HIPAA violations through email. Understanding and implementing HIPAA is fundamental to HIPAA compliance; let Paubox help you with an important aspect of HIPAA and its rules today.

FAQs

Are there any specific technical requirements for HIPAA compliant email?

While HIPAA does not prescribe specific technical requirements, healthcare providers should implement reasonable safeguards, such as encryption and secure email servers, to protect the privacy and security of PHI transmitted via email.

What should healthcare providers do if they suspect a HIPAA violation in email communications?

If a healthcare provider suspects a HIPAA violation in email communications, they should conduct a thorough investigation to determine the nature and extent of the violation. They should also take appropriate corrective measures and report the incident to the relevant authorities, such as the Office for Civil Rights (OCR) within the Department of Health and Human Services (HHS).

How often should healthcare providers train their staff on email best practices?

Healthcare providers should provide regular training to their staff on email best practices, including how to handle PHI securely and avoid potential HIPAA violations. The frequency of training may vary based on organizational needs, but it is advisable to conduct training sessions at least annually and whenever there are updates or changes to HIPAA regulations or email policies.