HIPAA Compliance for Email
HIPAA compliance for email has been a hotly debated topic since changes were enacted in the Health Insurance Portability and Accountability Act (HIPAA) in 2013. Of particular relevance is the language of the HIPAA Security Rule; which, although not expressly prohibiting the use of email to communicate PHI, introduces a number of requirements before email communications can be considered to be HIPAA compliant(*).
HIPAA email rules require covered entities to implement access controls, audit controls, integrity controls, ID authentication, and transmission security have to be fulfilled in order to:
- Restrict access to PHI
- Monitor how PHI is communicated
- Ensure the integrity of PHI at rest
- Ensure 100% message accountability, and
- Protect PHI from unauthorized access during transit
Some HIPAA covered entities have put forward the argument that encryption is sufficient to ensure HIPAA compliance for email. However, HIPAA email rules do not just cover encryption. Encryption alone does not fulfill the audit control requirement of monitoring how PHI is communicated or the ID authentication requirement to ensure message accountability.