HIPAA – Protected Health Information (PHI)

Ensuring compliance with HIPAA is crucial for healthcare and dental providers when communicating via email. There are two primary ways HIPAA impacts email communication between providers and patients: confidentiality and message encryption.

HIPAA mandates that healthcare providers must safeguard the confidentiality of patients’ protected health information (PHI). When communicating via email, providers must ensure that PHI is encrypted and secure to prevent unauthorized access or disclosure. HIPAA best practices include using mail encryption protocols, such as Transport Layer Security (TLS), to protect emails in transit and in mailboxes.

Consent, Authorization, and Access Control

Providers must obtain explicit consent from patients before communicating sensitive medical or dental information via email. Patients should be informed about the risks associated with electronic communication and provided with options to opt-in or opt-out of email.

• Authorization Forms: Providers may need to obtain written authorization from patients to disclose specific PHI via email, especially for sensitive medical conditions or treatment procedures. Authorization forms should outline the scope of information to be communicated and the intended recipients.

• Access Controls: Providers should implement access controls to ensure that only authorized personnel have access to patients’ PHI when sending or receiving emails. Additionally, software should restrict access based on job roles and responsibilities, and require regular review and monitoring of user accounts for to identify suspicious activity.

• Authentication: Providers should require unique usernames and strong passwords to verify the identity of users accessing PHI via email systems. Multi-Factor Authentication (MFA) can provide an additional layer of security by requiring users to verify their identity using multiple authentication factors.

Communications Best Practices

Providers should use secure email platforms that comply with HIPAA standards for transmitting PHI. These platforms should support encryption, secure login procedures, and audit trails to track and monitor email communication containing sensitive information.

• Secure Attachments: When sending email attachments containing PHI, providers should encrypt the files and use password protection to restrict access to authorized recipients. As with any password-protected platform, passwords should be provided to users separately from the email to maintain security.

• Staff Training: Providers should conduct regular training sessions to educate staff members about HIPAA regulations, email security best practices, and the proper handling of PHI. They should train their staff on the risks associated with email communication and potential security threats, such as phishing attacks.

• Patient Education: Providers should educate patients about the importance of protecting their PHI when communicating via email. Patients should use secure email channels, avoid sharing sensitive information in unsecured emails, and report any suspicious or unauthorized email activity to their healthcare or dental provider.

Still Have Questions?

By addressing these HIPAA compliance concerns and implementing robust security measures, healthcare and dental providers can ensure the confidentiality, integrity, and availability of PHI when communicating via email. Compliance with HIPAA not only helps protect patients’ privacy rights but also strengthens trust and confidence in the provider-patient relationship. Check out our other articles for more advice on specific industries and use cases.