If you run a healthcare practice, you’re likely no stranger to HIPAA, the federal law passed back in 1996 to protect patients’ personal health information, also known as PHI. Essentially, PHI encompasses any patient data tied to an individual’s medical care – diagnoses, treatment plans, test results… you name it.
At its core, HIPAA exists to establish safeguards around patient records and PHI to prevent privacy breaches or unauthorized access, which makes sense when you consider how sensitive this data can be. As such, patients rely on practices to keep their information secure and confidential.
Of course, this all sounds well and good, but in the real world, the technology we use has evolved dramatically since HIPAA first came onto the scene. Everyday digital communication channels like email, while convenient, weren’t designed with strict healthcare privacy requirements in mind.
For starters, standard email lacks encryption and security controls as messages zoom across the internet, so adhering to HIPAA email requirements means taking some extra steps to ensure safety. If you don’t, you’re introducing risks of PHI falling into the wrong hands. And it’s safe to say that this is rather problematic in an era where cyber criminals seem to be making a sport out of infiltrating healthcare data systems.
The Risks of Unsecured Email
Sending unsecured emails containing PHI carries a bunch of risk for organizations that must comply with HIPAA. Standard emails lack encryption as they traverse the internet, rendering them vulnerable to hacking by cybercriminals seeking to steal health data. Intercepted PHI destroys patient confidentiality.
What’s more, if team members at your practice improperly access patient emails on personal devices lacking security features, those devices can be compromised through malware and other hacking tactics. This provides hackers backdoor access to PHI.
The risks of HIPAA violations through unsecured email are not merely hypothetical – the consequences for healthcare practices are very real and can cause significant harm to your business operations, such as:
- Hefty Fines. Federal penalties for HIPAA noncompliance can rapidly escalate into the millions based on factors like violation severity, scope of breach, and what data protections were in place.
- Damaged Reputation. Imagine patients reading news headlines or social media posts implicating your practice for recklessly exposing sensitive health data. The resulting erosion of trust could be impossible to repair. Patients may flock to more secure competitors, while negative press deters new patient acquisitions.
- Lawsuits. Beyond federal fines, affected patients reserve the right to pursue civil lawsuits seeking damage compensation for privacy violations. These cases saddle practices with further financial liabilities plus expensive legal burdens.
HIPAA-Compliant Email Best Practices
Okay, so now that we have established the risks, let’s break down some best practices for HIPAA compliant email so you can protect your practice and your patients.
Staff Training and Awareness
When it comes to data privacy, it’s important to be realistic. Even companies with the toughest security can still experience breaches from basic human error. That’s why ongoing training is so important for every team member to understand HIPAA rules for email, recognize potential cyberthreats, and follow protocols that keep communication secure.
Secure Email Providers and Encryption
Regular old personal Gmail and Yahoo email accounts aren’t going to cut it these days for healthcare providers. To lock down messages, specialized services that ensure encryption are what you should be using. That way, emails are unreadable to interceptors both in transit and storage. If anyone tries sneaking a peek, all they’ll see is gibberish lines of encrypted code.
Business Associate Agreements (BAAs)
Healthcare providers legally require Business Associate Agreement (BAAs) set up with any third party that touches PHI, and that includes your email provider. These contracts make security requirements crystal clear on both sides.
Strict Policies on Information Sharing
Since people don’t always understand what’s permitted to be shared by email, it’s wise to create policies that help connect the dots. These should spell out what kind of sensitive information can be shared electronically, when it’s appropriate, and how to keep it secure.
Implementation of Technical Safeguards
Technical protections need to be on point: firewalls, antivirus, network security, threat monitoring, etc. Your IT and managed services teams need to make sure all systems and software are continually inspected and upgraded.
Secure Device Management
Establish clear usage guidelines around accessing email containing protected health information on practice-owned devices, ensuring proper security controls are in place. Restrict or prohibit accessing this sensitive information from personal devices lacking these safeguards.
Regular Security Assessments
HIPAA compliance isn’t a one-and-done deal. Regular assessments help identify potential problem areas, keeping safeguards up-to-date and staff properly informed as risks evolve. Schedule periodic evaluations with internal or external experts.
Final Word
The risks surrounding unsecured patient emails are real, from hefty HIPAA fines and lawsuits to permanent reputation damage. However, with proper precautions in place, the convenience and efficiency of email can still be safely harnessed in the modern healthcare environment.
Ultimately, email doesn’t have to be an Achilles heel when it comes to HIPAA rules. But it does require awareness, proactive planning, and some extra effort to keep your practice’s sensitive data flows secure.