Email disclosure forms can inform patients about the risks associated with email, but using these forms alone does not meet HIPAA requirements. Providers must use a HIPAA compliant email solution that protects patient information and prevents potential data breaches.
The ubiquity of emails makes it an accessible and convenient form of healthcare communication. Many providers use email disclaimer forms and while it offers “some legal protection,” Termly explains, “adding a confidentiality disclaimer is not enough to make your email HIPAA compliant.”
In the US, the Health Insurance Portability and Accountability Act (HIPAA) mandates healthcare providers to protect patients’ health information.
Using an email disclosure form alone does not meet the “technical safeguards to ensure the confidentiality, integrity, and security of electronic protected health information (PHI),” described in HIPAA Security Rule 45 CFR § 164.308.
Providers who use email disclosure forms often use standard email services like Gmail or Outlook. These services lack sufficient security features, such as encryption and access controls, to protect PHI.
Moreover, this vulnerability allows unauthorized individuals to intercept and misuse sensitive patient information, exposing patients to identity theft and fraud.
A disclosure form alone does not guarantee that patients fully understand the risks of using unencrypted emails. HIPAA requires providers to obtain informed consent so “patients understand the implications of their choices”
A publication in the National Library of Medicine on informed consent explains that consent standards vary by state, following one of three legal approaches:
Although most states rely on reasonable patient standards, providers are responsible for informing patients of the risks of using unencrypted emails, increasing provider liability.
Read also: A HIPAA consent form template that's easy to share
Covered entities, including healthcare providers, “must implement a mechanism to encrypt and decrypt electronic protected health information,” as evidenced by the HHS.
HIPAA compliant emailing platforms, like Paubox, offer advanced encryption measures that automatically encode outgoing emails, protecting PHI from unauthorized access.
The Security Rule (45 CFR § 164.308) mandates that “Security measures must be implemented to protect ePHI from threats and vulnerabilities.” These controls limit PHI access to only authorized individuals, minimizing the risk of potential data breaches.
HIPAA compliant platforms use two-factor authentication (2FA) to verify the recipient's identity before they can access PHI, preventing unauthorized access.
HIPAA compliant platforms mitigate the risks associated with data breaches. These risks include hefty non-compliance fines of up to $1.5 million per violation.
Furthermore, data breaches can lead to legal ramifications like class action suits and damage to the organization's reputation.
HIPAA compliant platforms must sign a business associate agreement (BAA), shifting some liability to the platform. The legally binding contract establishes a relationship between a covered entity and its business associates.
Ultimately, a BAA holds the platform accountable for implementing and maintaining the technical safeguards HIPAA requires to protect PHI.
A covered entity, as defined by HIPAA, is any healthcare provider, health plan, or healthcare clearinghouse that transmits any health information in electronic form.
Read also: When is a non-healthcare company a covered entity?
A business associate is any person or entity that performs certain functions or activities on behalf of or provides certain services to a covered entity that involves the use or disclosure of protected health information (PHI).
Yes, Paubox can assist covered entities and their business associates with HIPAA compliance efforts by providing HIPAA compliant email and text messaging encryption and security solutions.