Emma has been mentioned on calls with our customers recently, so we decided to dig into the details of its HIPAA compliance.
Emma is am email marketing platform. Its professional services team offers support services to help customers build their email lists, create compelling content and designs, and test strategies to drive engagement.
Emma and the business associate agreement
A business associate agreement (BAA) is a written contract between a covered entity and a business associate. It is required by law for HIPAA compliance.
Emma has no mention of signing a BAA anywhere in its public documentation.
Emma and HIPAA
Emma does however directly reference HIPAA compliance in its Acceptable Use Policy. It states:
Customer understands and acknowledges that the Services are not configured to process, receive, and/or store: 1) personal health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”).
Protected health information (PHI) is anything that can identify a patient and is used during the course of his or her care, even just the patient’s name. Therefore this prohibition makes Emma basically incompatible for healthcare providers.
Is Emma HIPAA compliant?
The BAA is a key component to HIPAA compliance, and we found no evidence that Emma will sign one.
Furthermore, the company’s policies directly forbid processing, receiving, or storing protected health information (PHI) on the platform.
Emma is not HIPAA compliant.
HIPAA email marketing tools comparison
To meet the unmet need for HIPAA compliant email marketing, we created Paubox Marketing. It is the only solution that will:
- Sign a BAA
- Provide military-grade encryption
- Allow you to include PHI in your marketing emails
- Allow patients to read your emails directly from their inbox with no extra steps
In addition, Paubox Marketing is HITRUST CSF certified.
Compared to the standard marketing tools, Paubox Marketing is the best option for maintaining HIPAA compliance while harnessing the power of personalized email marketing.
SEE ALSO: Why Paubox Marketing is the Best HIPAA Email Marketing Solution Available
|Company||Will they sign a BAA?||Can you send PHI?|
|Blue Orchid Marketing||NO||NO|
|Mad Mimi (GoDaddy)||NO||NO|
|Infusionsoft by Keap||YES||NO|
|Salesforce Marketing Cloud||YES||NO|
|Eloqua (Oracle)||YES||YES **|
(** To use Oracle Eloqua in a HIPAA compliant manner, recipients receive two emails for every message you send. Patients must also log into a secure message center to view your message—it does not appear in their inboxes. This creates friction and makes it less likely that your patients will read your marketing email.)