Therapy notes help mental health practitioners keep track of interactions, patient behavior, and more. While notes are kept private, they may be shared with the patient or other practitioners. Professionals can ensure HIPAA compliance with therapy notes by using email encryption, obtaining patient consent, and more.
HIPAA establishes the guidelines for safeguarding sensitive patient data. The HHS states, "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 therapists use email to communicate with patients or other providers, they must adhere to HIPAA requirements.
Compliance requires robust safeguards to ensure the confidentiality and security of protected health information (PHI), including using HIPAA compliant email services that encrypt messages, maintaining strict access controls, and ensuring that all communications adhere to HIPAA's standards.
By following proper protocols, therapists can share notes with patients or providers while protecting their privacy and meeting HIPAA compliance requirements.
Select a HIPAA compliant service that provides robust encryption and administrative controls for security. Unlike many free email services that lack sufficient security measures, ones focused on HIPAA compliance provide encryption and additional safeguards, like spam filters, that keep data secure.
Related: Features to look for in a HIPAA compliant email service provider
A business associate agreement (BAA) is a contract between a HIPAA covered entity, such as a therapist, and a service provider that accesses PHI. It outlines each party's responsibilities for safeguarding PHI and remaining HIPAA compliant. BAAs should be signed with all third parties that access PHI, including insurance companies, consultants, and email service providers.
Read more: FAQs: Business associate agreements (BAAs)
Obtain written consent from patients before using email for communication. The consent form should outline the types of information that may be shared through email and educate patients about the potential risks involved. Obtaining consent ensures that patients are fully informed and agree to the use of email for their communications.
HIPAA's minimum necessary standard requires that therapists limit the information shared in emails to only what is required for the communication. Therapists should avoid including unnecessary details about the patient’s diagnosis, treatment, or personal life.
Subject lines can inadvertently reveal sensitive information. Therapists should use generic subject lines that do not disclose patient details even if the email is intercepted.
Therapists should educate patients on the importance of strong password practices, like using a combination of numbers, letters, and symbols. Providers should have a professional email account separate from their personal. Additionally, therapists should use multi-factor authentication (MFA) to add an extra layer of security to their accounts.
Always respect patient preferences for communication methods. If a patient prefers phone calls or HIPAA compliant text messaging, therapists should accommodate these preferences.
No, therapists should not use personal accounts for therapy communications because they lack the necessary security features and are not HIPAA compliant.
Related: Why personal email accounts are not HIPAA compliant
Yes, even internal emails containing PHI should be encrypted to protect sensitive patient information from unauthorized access.
Therapists can use email for initial consultations if they are HIPAA compliant, including obtaining written consent and using a secure email service.