Is it safe to send medical records by email? HIPAA allows sending of medical records upon patient request. However, there are strict rules you must follow.
Is it safe to send medical records by email? It’s an important question. Over the last decade, data breaches in the healthcare industry have increased at a steady rate, with over 268 million records exposed as a result of cyberattacks since 2009, emphasizing the need for caution and a means of secure file transfer.
(Image source: hipaajournal.com)
Healthcare security has become one of the most pressing issues in the healthcare sector. In general, IT experts must regularly deal with medical data security concerns because of HIPAA Rules and the trouble that healthcare data breaches may cause.
Healthcare professionals must apply the HIPAA Security and HIPAA Privacy Rules and cybersecurity solutions to their email communication channels to minimize security exposures and prevent cyberattacks.
It’s important to note that the Health Insurance Portability and Accountability Act (HIPAA) allows medical practitioners to send records by email. However, the medical company must apply reasonable safeguards to protect the patient’s privacy.
Good security practices begin with understanding the HIPAA data security rules that apply to electronic Protected Health Information (ePHI).
Below, we examine HIPAA mailing guidelines for sending PHI, provide a few HIPAA violation email examples and answer some frequently asked questions regarding emailing patient records.
Read What is Secure Messaging in Healthcare?
According to HIPAA, medical practitioners and covered entities should fulfill patients’ requests to access their medical records via email. Specifically, the HIPAA rule 45 CFR § 164.524 states that:
“The covered entity must provide the individual with access to the protected health information in the form and format requested by the individual if it is readily producible in such form and format; or, if not, in a readable hard copy form or such other form and format as agreed to by the covered entity and the individual.”
When a patient requests their medical data via email, the medical practice must promptly provide this information. Refusal to do so attracts legal penalties.
HIPAA medical records release laws include:
Another aspect of sending medical records by email is the transfer of medical records between doctors. This usually happens when patients switch doctors and require their data sent to their new practitioner via email.
In such circumstances, the medical provider has a right to disclose your health information to the new practitioner. However, once again, files must be shared safely and securely in full compliance with the HIPAA Security Rule.
A HIPAA compliant email meets the standards for sending patient data via electronic channels. Practitioners must ensure that emails containing patient records meet regulatory standards to avoid violations and penalties. The following HIPAA violation email examples will help you steer away from some common pitfalls.
A HIPAA compliant email must explicitly make the patient aware of the security risks inherent in sending emails containing medical information. Additionally, practitioners should discuss more secure communication alternatives with their patients.
Moreover, HIPAA requires that the patient give consent or state their preference to using email as the preferred option to receive their medical records. Finally, the medical practitioner should document the patient’s consent.
You may have a patient’s permission to email about their PHI, but that permission does not extend to your communications with other healthcare providers. Any contact with anybody other than the patient or their designated third parties should be in full accordance with all elements of HIPAA.
The HIPAA regulations devote substantial attention to certain technical safeguards that should be in place for systems that interact with electronic PHI. While not all of these security measures are legally required, standard email fails to meet even a modest interpretation of the criteria.
Physicians can send medical records via email or fax. HIPAA requires medical practitioners to provide access to electronic personal health information at no cost. Additionally, practitioners should provide a timeline for when the patient can receive their medical information.
It is safe to send medical records by email provided you comply with HIPAA rules of sending medical records electronically to avoid data breaches and HIPAA violations.
At Central Data Storage (CDS), downloading and completing our free Encrypted Sharing Checklist can give you total peace of mind in ensuring you are entirely HIPAA compliant while sending medical records via email. By following our simple step-by-step guide, you will be able to analyze your file transfers to make sure you are meeting all necessary requirements.
Better than that, however, is our encrypted messaging and sharing solution, WisperMSG, providing secure messaging (PHI communications) and file sharing for your business. Simple, real-time, ransomware-proof messaging and document sharing right at your disposal.
Try it today, contact CDS at 1-888-907-1227, or email info@centraldatastorage.com for more information.
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