Gmail is a widely used email service provided by Google, offering personal and business communication features. When healthcare organizations use Gmail business email, they must ensure HIPAA compliance to protect patient information.
Is Gmail business email HIPAA compliant?
Yes, Gmail business can be HIPAA compliant when additional security measures are implemented.
Will Gmail sign a business associate agreement (BAA)?
Yes, Google will sign a business associate agreement, which can be reviewed [here].
What does the Gmail BAA cover?
The Gmail BAA covers the use and disclosure of protected health information (PHI) within the context of Google's services.
The Google Workspace HIPAA Business Associate Addendum states, “Customer must have an existing Services Agreement in place for this BAA to be valid and effective. Together with the Services Agreement, this BAA will govern each party’s respective obligations regarding protected health information.”
The BAA covers:
- Permitted use and disclosure of PHI
- Customer obligations
- Appropriate safeguards
- Subcontractors
- Access and amendment
- Accounting of disclosures
- Access to records
- Expiration and termination
- Return/destruction of information
What does the Gmail BAA exclude?
The Gmail business BAA excludes services not covered under Google Workspace. According to their terms, "Customer acknowledges that this BAA does not apply to (a) any other Google product, service, or feature that is not a Covered Service; or (b) any PHI that Customer creates, receives, maintains, or transmits outside of the Covered Services (including Customer’s use of its offline or on-premise storage tools or third-party applications).”
Moreover, healthcare providers must configure Gmail business services to ensure HIPAA compliance, which includes using a HIPAA compliant emailing platform like Paubox. These platforms offer encryption, two-factor authentication, and secure cloud storage to protect patient information from unauthorized access and potential data breaches.
Learn more: HIPAA Compliant Email: The Definitive Guide
Conclusion
Gmail can be HIPAA compliant, but organizations must sign a BAA with Google and use a HIPAA compliant platform to protect patient privacy.
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.
