To keep your clients' information safe, you need to encrypt emails in transit and store them securely at rest. And you need to be sure that the email provider you choose is HIPAA compliant and provides a business associate agreement (BAA).
Encryption is a powerful way to keep data private and secure. It’s used in a variety of situations, from keeping personal information safe for customers to helping journalists protect their freedom of expression. It’s even used in healthcare to protect patients’ PHI from being intercepted by hackers.
However, many organizations fail to implement encryption as part of their HIPAA compliant email strategy. They may rely on TLS or similar services that encrypt data during transmission, which isn’t sufficient to satisfy the rules set by HIPAA.
To meet these rules, a covered entity (CE) must rely on an end-to-end email encryption solution that encrypts both messages in transit and stored emails. This ensures that only the sender and recipient have access to a message and that no third party has any access to the message’s content.
CEs and their business associates must also implement a log management system that meets the logging requirements of the rule. This enables them to create an audit trail that can be used to investigate a breach should one occur.
The best solutions offer end-to-end encryption that encrypts both messages in transit as well as messages that are stored on the server. These solutions also offer a variety of other features that help meet HIPAA compliance standards and safeguard PHI.
Some email services also allow users to revoke an email at any time or track where messages are forwarded. This makes it easier for administrators to monitor email security and ensure that HIPAA compliance is met.
For instance, Virtru offers an affordable, secure HIPAA compliant email service that encrypts all emails and allows admins to revoke them at any time. It also provides a variety of other features, including real-time recall and a detailed audit log.
Aside from email, the use of encryption is also important for protecting other types of data. For example, the Family Education Rights and Privacy Act (FERPA) requires schools to encrypt student records.
For small healthcare providers that don’t have an in-house IT department, it’s best to find a HIPAA compliant email solution that can encrypt and secure their emails. These solutions offer end-to-end email encryption, integrate with their favorite email applications, and offer a secure portal that stores all of their encrypted messages.
A business associate agreement is a contract between a HIPAA compliant covered entity and a business associate that allows the business associate to access protected health information. The agreement defines the responsibilities of each party and ensures that both parties comply with the HIPAA Security Rule and Privacy Rule.
A BAA is required for all Covered Entities who utilize a business associate to provide services that may result in the exposure of PHI. This includes telehealth platforms, billing or invoicing services, and consulting firms that conduct audits or perform coding reviews.
If a Business Associate (BA) or a Business Associate Subcontractor violates a Business Associate Agreement, the HIPAA-compliant covered entity has the right to terminate the contract and pursue legal action against the BA. In addition, the Department of Health and Human Services and state attorneys general can impose fines on BAs for violations of HIPAA regulations.
Some types of business associates do not require a BAA, such as janitors and electricians, because the services they provide do not involve exposure to PHI. However, these employees must be provided with training on the use and protection of PHI.
Similarly, contractors that are hired by a business associate or subcontractor must also sign a BAA to prevent them from exposing or transferring PHI. This is a significant requirement for any company that receives or transfers PHI.
The BAA should establish the permitted and required uses and disclosures of ePHI, as well as the necessary administrative, technical, and physical safeguards to protect the integrity, availability, and confidentiality of ePHI. It should also explain the consequences of failing to comply with the HIPAA Privacy Rule or Security Rule and include the process for reporting breaches and unauthorized disclosures.
A BAA should include a list of the authorized uses and disclosures of PHI, as well as a detailed description of the relationship between the covered entity and the business associate. It should also require the business associate to implement administrative, technical, and physical safeguards to ensure that ePHI is not exposed or misused.
A BAA should also include a reporting window, which is the timeframe within which a business associate must report a breach or unauthorized disclosure. This window is currently 60 days and can be customized to meet the needs of a particular organization.
Access controls are a key part of HIPAA compliance for email. They designate different levels of access to PHI based on user job functions and ensure that only users that need the information are granted access. They also track audit logs to help administrators determine regular PHI access patterns and detect both insider and external breaches.
In healthcare, email is a common means of communicating with patients. However, it’s important to be aware that this can pose significant risks for privacy and security. Many hackers target hospitals and medical professionals by stealing patient data through emails, as they often contain protected health information (PHI).
The HIPAA Security Rule requires covered entities to implement several requirements to protect PHI in transit via email, including access control, integrity controls, ID authentication, audit controls, and transmission security. Encryption is a common safeguard that may be used to meet these requirements and is typically incorporated into an email policy.
Another way to secure HIPAA compliant email is by using a HIPAA-compliant email archiving service. These services encrypt messages and message attachments at source, and also have access controls and audit controls to ensure that messages are sent securely. They’re also indexed and searchable so they’re easy to retrieve when needed for HIPAA-compliance audits.
A secure email archiving service will save you time and money, since you won’t need to store emails on your own server. The service will also make storing, retrieving and archiving email much easier for your IT department.
You should only choose a service that encrypts your messages at source before sending them to the archive, and make sure that the archive you’re choosing is secure. It is also advisable to obtain a BAA from the service provider to ensure that they’re a business associate under the HIPAA Rules.
The use of a secure email archiving service is a great solution for HIPAA compliant email and can help you meet the HIPAA Security Rule’s requirement to keep your communications safe for 6 years. It also enables your organization to easily recover and retain communications in the event of a disaster, such as ransomware attack.
Keeping patient information secure is a top priority for any business, and HIPAA requires that healthcare organizations take all the necessary steps to protect electronic protected health information (ePHI) in the form of emails.
To comply with HIPAA, email must be encrypted in transit and at rest. It also needs to be sent from a device that is password-protected and has updated anti-virus software. This is especially important if the information contained in the email is sensitive and relates to patients' medical records.
While this sounds simple, it can be challenging to implement and maintain, particularly when you consider the vast amount of email sent in a day. As such, many healthcare organizations choose to use a HIPAA-compliant secure messaging solution.
A secure messaging solution is easy to set up and integrates seamlessly with your existing email platform. Rather than sending email directly to recipients, the messages are uploaded to a secure cloud, where they are checked for malware and can be accessed by patients using a web portal. This ensures that all email communication is in compliance with HIPAA privacy rules and prevents malicious attacks on patient data.
One of the most important ways to protect HIPAA compliant email is to train your employees on how to use the system. These individuals will need to know how to send and receive messages securely, what information can be included in an email and what types of attachments should be deleted or deleted automatically.
Having trained staff will reduce the chances of inadvertent HIPAA violations and fines. Moreover, it will help keep your organization’s reputation intact.
Training is also an effective way to teach your employees how to avoid phishing scams and other forms of online fraud. This will help to keep your patients’ private medical information safe and your organization free from financial risk.
Some of the most secure HIPAA-compliant email encryption services include Barracuda, Egress, Hushmail, Indentillect, LuxSci, MailHippo, Protected Trust, Rmail, and Virtru. All of these companies have a proven track record and are experienced in working with clients who need to send and receive secure, confidential email. They will sign a BAA with their client for HIPAA compliance and offer email encryption in both transit and at rest.