HIPAA requires explicit patient authorization for email communication involving protected health information (PHI) to ensure patients acknowledge the risks of unencrypted emails. Patients can and can revoke consent anytime. Covered entities must document and retain this authorization for six years. HIPAA recommends safeguards like encryption services, strong passwords, and access controls.
HIPAA sets the standards for protecting patient information, specifically PHI. PHI includes any health information that can identify a patient, such as medical records, billing information, and any other personal health details. HIPAA's Privacy Rule mandates that PHI be protected to ensure patient confidentiality. According to the HHS, "A major goal of the Privacy Rule is to assure that individuals' health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public's health and well being.".
While email is a convenient and efficient communication method, unencrypted emails can be intercepted during transmission, leading to unauthorized access and potential breaches of sensitive information. Because of these risks, HIPAA emphasizes the need for covered entities to implement appropriate safeguards when using email to communicate PHI. Organizations must obtain explicit patient consent, educate patients about communication risks, and use HIPAA compliant email platforms and other security measures to protect PHI.
HIPAA requires explicit patient authorization for email communication involving PHI. In a recent letter with new guidance on informed consent, the HHS stated, ”Informed consent is the law and essential to maintaining trust in the patient-provider relationship and respecting patients’ autonomy.”
Authorization can be obtained through various methods:
A valid authorization form should include a clear statement of the patient’s consent to email communication, an acknowledgment of the risks of unencrypted email, and information on the right to revoke consent and the process to do so. A comprehensive explanation helps patients make informed decisions, and providing sample language ensures consistency across communications.
HIPAA mandates that authorization records be retained for at least six years from the date of creation or last effective date. These records should be organized and secure, stored in a manner that ensures their security and easy retrieval for audits or inspections.
Related: How to develop a HIPAA compliant authorization form
Part of HIPAA's framework for consent management involves ensuring patients have a straightforward way to opt out of email communication, aligning with HIPAA's emphasis on patient autonomy and control over their PHI. Patients should have options to manage their preferences regarding communication methods, including opting out of email if they prefer alternative channels. This ensures patients can choose the communication method that suits their privacy needs. Options for opting out of email communication could include a checkbox on consent forms, an opt-out link in each email, or direct contact with the privacy officer, providing patients with accessible avenues to express their preferences and maintain control over their PHI.
HIPAA requires that patient consent for email communication involving PHI be documented and retained by healthcare organizations. This documentation should include details of the consent process, acknowledgment of risks, and the patient's right to revoke consent.
HIPAA's breach notification rule requires healthcare organizations to inform patients about data breaches involving their PHI, including those that occur through email communication.
Healthcare organizations can use email communication to obtain informed consent for medical procedures under HIPAA, provided that patients have explicitly consented to email communication and acknowledged the associated risks.