It also exists in the mail servers on both ends and on the recipients local device. So does this rule say specifically that email encryption is required? No but due to the nature of email, encryption is one of the most effective ways to meet the “available and appropriate means” requirement.Īn email correspondence does not only exist on the local device (PC, tablet, workstation, etc.). What they do say is that the covered entity must assess their systems, identify “available and appropriate means”, select a protection method, and document it. They do not say specifically how e-PHI must be protected. They must also protect the integrity of the information - meaning it cannot be altered. However there must be procedures in place to control access to this information. So the Security Rule allows PHI to be sent electronically. The Security Rule allows for e-PHI to be sent over an electronic open network as long as it is adequately protected.” This means that the covered entity must assess its use of open networks, identify the available and appropriate means to protect e-PHI as it is transmitted, select a solution, and document the decision. The standard for transmission security (§ 164.312(e)) also includes addressable specifications for integrity controls and encryption. However, the standards for access control (45 CFR § 164.312(a)), integrity (45 CFR § 164.312(c)(1)), and transmission security (45 CFR § 164.312(e)(1)) require covered entities to implement policies and procedures to restrict access to, protect the integrity of, and guard against unauthorized access to e-PHI. “The Security Rule does not expressly prohibit the use of email for sending e-PHI. “Does the Security Rule allow for sending electronic PHI (e-PHI) in an email or over the Internet? If so, what protections must be applied?” Their take on email is discussed on the HHS website and restated here for convenience: In HHS enforcement of HIPAA is handled by the Office of Civil Rights. Department of Health and Human Services (HHS) is the governing authority for HIPAA. So that raises the obvious questions - what does HIPAA consider as reasonable? HIPAA uses the word “reasonable” a lot in describing the measures that must be taken to protect the privacy and security of PHI. Let’s look at what HIPAA regulations say about using email. HIPAA email policy requirements that apply to electronic communication are given in the Technical Safeguards portion of the Security Rule. Health care providers - Physicians, hospitals, outpatient facilities, nursing homes, etc.This also includes government payers Medicare and Medicaid. This would include those providing medical, prescription, dental, or mental health coverage. Any organization that processes healthcare information such as a clearinghouse.So who would this apply to? Basically anyone who has a need to access a patient's information. It would also include diagnosis, treatments, and medications. This would include name, address, Social Security #, phone #, insurance ID’s, beneficiaries, etc. PHI is the information obtained from a patient that can be used to identify them. The HIPAA Privacy Rule requires the protection of individually identifiable health Protected Health Information (PHI) when stored or transmitted by a covered entity. Ugggg! You've been outed! Revealed for what your true intentions are. We all have had those experiences where we sent an email to someone that got forwarded or replied to someone you didn’t want it to go to. The thing about email is once you send it you have no control over what’s done with it or where it goes from then on. You’ve probably heard horror stories of sensitive information being compromised via email.
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