eFax is an online fax service that lets you send and receive faxes via email, a web interface, or a mobile app, eliminating the need for traditional fax machines. It offers secure communication compliant with industry standards and flexible options for managing multiple fax numbers.
Is eFax HIPAA compliant? Yes, based on our research, eFax can be HIPAA compliant.
Will eFax sign a business associate agreement (BAA)?
Yes, eFax will sign a business associate agreement, which can be reviewed here.
What does the eFax BAA cover?
The eFax BAA covers the use and protection of Protected Health Information (PHI), stating, "Simply put, you won’t find a more secure HIPAA compliant online fax solution than eFax Protect enabled with AES 256-bit encryption."
Their BAA covers:
- Protection of PHI
- Notifications of security incidents
- Access by Health and Human Services (HHS) requests
- Individual Right of Access requests
- Individual accounting requests
- Return or destruction of PHI upon termination of the agreement
What does the eFax BAA exclude?
eFax's BAA does not cover certain aspects related to the handling of PHI. Specifically, it excludes liability for breaches caused by the covered entity's actions or negligence and does not cover PHI that is not transmitted or stored using eFax services. Additionally, it does not account for PHI that is altered or tampered with by the covered entity or third parties.
Their terms state, "eFax services are designed to securely transmit and store PHI, but the responsibility for any unauthorized access or alterations outside of our platform lies with the user."
Conclusion
eFax signs a BAA and is, therefore, HIPAA compliant.
Learn more: HIPAA Compliant Email: The Definitive Guide
FAQs
What is a business associate agreement?
A business associate agreement (BAA) is a legally binding contract establishing a relationship between a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and its business associates. The purpose of this agreement is to ensure the proper protection of personal health information (PHI) as required by HIPAA regulations.
What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for protecting the privacy and security of certain health information, known as protected health information (PHI).
HIPAA is designed to protect the privacy and security of individuals’ health information and to ensure that healthcare providers and insurers can securely exchange electronic health information. Violations of HIPAA can result in significant fines and penalties for covered entities.
Who does HIPAA apply to?
HIPAA applies to covered entities, which include healthcare providers, health plans, and healthcare clearinghouses. It also applies to business associates of these covered entities. These are entities that perform certain functions or activities on behalf of the covered entity.
