hipaa can you send patient portal information to patient via regular mail

by Ashtyn Armstrong DDS 7 min read

HIPAA - Emailing Patient Information - UW Medicine ...

2 hours ago Can you send patient information via email? Yes, as long as the following three requirements are met: The email is sent within UW Medicine (@u.washington.edu, @uwpn.org, @uwp.washington.edu) or to one of our affiliates (@fhcrc.org, @med.va.gov, @psbc.org, @seattlecca.org, @seattlechildrens.org); >> Go To The Portal


HIPAA-covered entities should note that while it may be convenient to send emails containing ePHI to patients, consent to use email as a communication method must be obtained from the patient in writing before any ePHI is sent via email, even if a HIPAA compliant email provider is used.

Yes. The Privacy Rule allows covered health care providers to communicate electronically, such as through e-mail, with their patients, provided they apply reasonable safeguards when doing so.Dec 15, 2008

Full Answer

How to optimize patient portals for patient engagement?

Can you send patient information via email? Yes, as long as the following three requirements are met: The email is sent within UW Medicine (@u.washington.edu, @uwpn.org, @uwp.washington.edu) or to one of our affiliates (@fhcrc.org, @med.va.gov, @psbc.org, @seattlecca.org, @seattlechildrens.org);

What are patients rights under HIPAA?

Sep 24, 2019 · Send direct by US Mail The final method for sending PHI is through the mail. Here too you must comply with HIPAA rules. In some cases, PHI should even be sent by certified mail, which means the intended recipient needs to sign for it. Certified mail provides prove that the mail was delivered and verifies when it was received.

What is a patient portal?

Yes. The Privacy Rule allows covered health care providers to communicate electronically, such as through e-mail, with their patients, provided they apply reasonable safeguards when doing so. See 45 C.F.R. § 164.530 (c).

Are patient portals required?

You can send ePHI via email, but you have to do it securely, according to HHS. The use of patient portals is preferred for sending information to patients. US: 801.995.6855 | UK: 0203.890.5505

Is regular mail HIPAA compliant?

When sending PHI via U.S. mail, it is not permitted to use the regular mailing service. At a minimum, PHI must be sent through first class postal mail according to HIPAA. However, under some circumstances PHI must be sent using certified mail.Dec 30, 2020

Can you send patient information via Gmail?

On its own, email is not a secure platform to transmit PHI. In fact, using Google's email service, Gmail, to send PHI without encryption is against Google's Terms of Service. Emailing PHI without encryption could very easily lead to a breach if the email ended up in the hands of the wrong party.

Is email communication HIPAA compliant?

So, although emails can be HIPAA compliant, it requires significant IT resources and a continuing monitoring process to ensure that authorized users are communicating PHI in adherence with policies for HIPAA compliance for email.

Can you email patient medical records?

Yes, HIPAA Requires Medical Records to Be Emailed to Patients if Requested. ... Let's say that you want your medical records emailed to you. Your healthcare providers says that it will only provide records to you in person or via fax.Nov 29, 2018

Is Gmail confidential mode HIPAA compliant?

Does This Mean Gmail Confidential Mode Is HIPAA Compliant? Gmail is not HIPAA compliant by default, but it can support HIPAA compliance for businesses that agree to sign their Business Associate Agreement (BAA).

Is Gmail business email HIPAA compliant?

So is Gmail HIPAA Compliant? The answer is yes! Gmail can be used as part of a HIPAA-compliant organization. However, only the paid version (Google Workspace Gmail, not @gmail.com email addresses) provides the features you need for HIPAA compliant email.

What is HIPAA email?

HIPAA Compliant Email is a secure and private email system used by Healthcare Professionals to send Patient Health Information (PHI) to their patients and other healthcare professionals.

Is sending an unsecured email a HIPAA breach?

Sending PHI via unencrypted email does not violate HIPAA, but Covered Entities and Business Associates must take reasonable steps to ensure the patient understands and acknowledges the risk of unsecured email transmission.

Is email address considered PHI?

And as we've learned, even names or email addresses become PHI when coupled with a health condition. Covered entities must take reasonable steps to protect PHI sent via email all the way to the recipient's inbox.Jun 10, 2020

Is mailing medical records a HIPAA violation?

Answer: Yes. The Privacy Rule allows covered health care providers to share protected health information for treatment purposes without patient authorization, as long as they use reasonable safeguards when doing so. These treatment communications may occur orally or in writing, by phone, fax, e-mail, or otherwise.Nov 3, 2003

How do you send medical records securely?

If you want to share documents via email exclusively, you need to use a service that provides end-to-end encryption for every email you send, such as Zixmail. If the recipient does not use the same encryption service, they will be required to connect to a secure server before they can retrieve the message.

How do I send an encrypted email?

Encrypt a single messageIn message that you are composing, click File > Properties.Click Security Settings, and then select the Encrypt message contents and attachments check box.Compose your message, and then click Send.

What is HIPAA law?

The Health Insurance Portability and Accountability Act (HIPAA) applies to entities that provide healthcare services. Entities affected by HIPAA include: The rules were created in order to protect the private health information (PHI) of individuals.

How to encrypt PHI?

Encrypt the PHI. Have a method of verifying the identity of the person who is authorized to receive the information. Have a method of revoking access to the information when it’s no longer needed or if you sent the information in error. In order to comply, you would need a specialized email encryption service.

Why is privacy important in healthcare?

Privacy is essential in the healthcare industry. No one wants their private medical information shared without their consent. For this reason, the “ Privacy Rule ” was established by the U.S. Department of Health and Human Services in 1996. The Health Insurance Portability and Accountability Act ...

What does encryption mean in email?

Encryption means the information is disguised so an unauthorized person cannot read it. However, SSL and TLS alone do not provide enough protection. If you’re sending medical information via email you must: Have a method of verifying the identity of the person who is authorized to receive the information.

When did the HIPAA Omnibus Final Rule come into effect?

The HIPAA Omnibus Final Rule introduced a number of updates in 2013. The updates cover entities that create, store, receive, or transmit PHI. The new rules apply to entities that store electronic information as well as physical records.

What is conduit exception?

In this case, the definition of a conduit is an entity that only transmits or transports PHI. Conduits include: US Postal Service, UPS, Fed-Ex, DHL. Couriers and electronic equivalents.

Can you send PHI through certified mail?

Here too you must comply with HIPAA rules. In some cases, PHI should even be sent by certified mail, which means the intended recipient needs to sign for it.

What is the privacy rule for healthcare?

The Privacy Rule allows covered health care providers to communicate electronically, such as through e-mail, with their patients, provided they apply reasonable safeguards when doing so.

Why do you need to take precautions when using e-mail?

For example, certain precautions may need to be taken when using e-mail to avoid unintentional disclosures, such as checking the e-mail address for accuracy before sending, or sending an e-mail alert to the patient for address confirmation prior to sending the message.

Can a patient initiate a communication with a provider?

Patients may initiate communications with a provider using e-mail. If this situation occurs, the health care provider can assume (unless the patient has explicitly stated otherwise) that e-mail communications are acceptable to the individual.

Can a health care provider send an appointment reminder via email?

For example, a health care provider should accommodate an individual’s request to receive appointment reminders via e-mail, rather than on a postcard, if e-mail is a reasonable, alternative means for that provider to communicate with the patient. By the same token, however, if the use of unencrypted e-mail is unacceptable to a patient who requests ...

How do you protect messages initiated by patients?

How do you protect messages initiated by patients? According to the HHS, the healthcare provider can assume (unless the patient has explicitly stated otherwise) that email communications are acceptable to the individual. Providers should assume the patient is not aware of the possible risks of using unencrypted email. The provider can alert the patient of those risks, and let the patient decide whether to continue email communications. Remember, you must provide alternate secure methods of providing the information to the patient.

What is PHI encryption?

Encryption. Encryption is a way to make data unreadable at rest and during transmission. Emails including PHI shouldn’t be transmitted unless the email is encrypted using a third-party program or encryption with 3DES, AES, or similar algorithms. If the PHI is in the body text, the message must be encrypted.

What is a disclaimer in an email?

A disclaimer on your emails should merely inform patients and recipients that the information is PHI and should be treated as such. Your legal department can assist with the verbiage. The key to remember is that no disclaimers will alleviate your responsibility to send ePHI in a secure manner.

Can doctors send PHI to work email?

Doctors sometimes work on cases on home computers and then email PHI to their work email. Unless each of those emails is secured with encryption, that would be considered a HIPAA violation.

Should mass emails be avoided?

Mass emails should be avoided. But, if you do need to send mass messages, use a mail merge program or HIPAA compliant service which creates a separate email for each recipient. The danger of using BCC? Email addresses aren’t usually hidden to hackers.

Is PHI secure in transit?

HIPAA requires that PHI remains secure both at rest and in transit. That means PHI must be protected (e.g., by unique user accounts and passwords) while sitting on workstations and servers and encrypted each time the email crosses the Internet or other insecure networks.

Can attachments be encrypted?

If it’s part of an attachment, the attachment can be encrypted instead. Unlike email in transit, encrypting email at rest is an addressable requirement, which means if you don’t implement it, you need to have solid documentation explaining why.

How many patient records have been breached in 2019?

Through the first half of June of 2019, 25 million patient records have already been breached. Many of these breaches have been caused by hackers, who sell patient records on the black market and dark web. In light of these startling figures, MFA is an eminently reasonable and appropriate cybersecurity measure.

What is an EPHI?

ePHI is defined as any protected health information (PHI) that is created, stored, transmitted, or received in any electronic format or media.

What is multifactor authentication?

Multifactor authentication, known as MFA, requires users to provide multiple ways to authenticate that it is them, such entering as a password in combination with a fingerprint scan, or a password in combination with a code sent to their phone for one-time use.

Does HIPAA require encryption?

HIPAA does not require the use of encryption. Encryption is only an addressable standard. However, if, following a risk assessment, the decision is taken not to use encryption, an alternative and equivalent security measure must be used in its place.

Who is Steve Alder?

Author: Steve Alder has many years of experience as a journalist, and comes from a background in market research. He is a specialist on legal and regulatory affairs, and has several years of experience writing about HIPAA.

Who is the author of TeachPrivacy?

This post was authored by Professor Daniel J. Solove, who through TeachPrivacy develops computer-based privacy training, data security training, HIPAA training, and many other forms of awareness training on privacy and security topics. Professor Solove also posts at his blog at LinkedIn.

Who is Professor Solove?

His blog has more than 1 million followers. Professor Solove is the organizer, along with Paul Schwartz of the International Privacy + Security Forum (Apr. 3-5, 2019 in Washington, DC), an annual event that aims to bridge the silos between privacy and security.

Is email more secure than fax?

This would be a lot more convenient for the patient as well as offer more security than a fax. If a fax is sent to the wrong person, the medical records will be exposed to unauthorized individuals. So, email is not only a much more modern way to send records, but also a more secure way if used properly. Unfortunately, far too often, healthcare ...