Sending Protected Health Information via Unencrypted E-mail

摘要

This column in the March 2016 PDT addressed legalities of calling, texting, and e-mailing parents/guardians. It was noted that HIPAA does not require encryption of e-mails containing protected health information (PHI) in all circumstances. However, if you are communicating with a parent/guardian with an unencrypted e-mail, you can protect against legal liability by notifying the parent/guardian of the risks of third party disclosure. If they still prefer to receive PHI via an unencrypted e-mail, they have that right.