Email & Text Messages - How to Comply with HIPAA, CMS, and the TCPA
Webinar Overview
Contrary to widespread online misinformation, HIPAA does not ban the use of unencrypted email and text messaging. In fact, the law mandates that if a patient prefers communication through these standard channels, Covered Entities must comply. The critical factor is not the channel itself, but the implementation of a specific, straightforward process to mitigate risk.
This webinar cuts through the confusion to provide absolute clarity. We will detail a simple yet powerful "3-Step Safeguard" that, when properly documented, protects Covered Entities and their Business Associates from violating regulations from the HHS Office for Civil Rights (HIPAA), the Federal Communications Commission (TCPA), and the Centers for Medicare & Medicaid Services (CMS).
Through dynamic visuals and real-world examples from major healthcare providers' websites, you will see common compliance failures and learn exactly how to correct them. The key takeaway is that achieving compliance is not a complex technical challenge, but a manageable administrative process.
Why You Should Attend
Navigating the intersection of patient preference, modern communication, and federal law is a significant liability risk. This session provides the definitive guide to using email and text messaging both effectively and legally.
Attend this webinar to:
Implement a Proven Compliance Framework: Learn how to apply and document the 3-Step Safeguard to create a "safe harbor" for using unencrypted email and text messages with patients.
Clarify Encryption Requirements: Gain a crystal-clear understanding of the specific scenarios that legally require encrypted communication, eliminating unnecessary expense and complexity where it isn't needed.
Navigate Multiple Regulations: Understand how HIPAA, the TCPA (including the latest Supreme Court ruling), and CMS rules interact to govern your patient outreach and engagement.
Avoid Costly Missteps: See real-life examples of violations and learn how to audit and correct your own organization's practices to avoid fines and lawsuits.
Areas Covered in the Session
Overview & Key Takeaways: Demystifying the core principles of compliant digital communication.
The True Scope of PHI: Understanding the broad, often surprising definition of Protected Health Information under HIPAA.
The Encryption Mandate vs. Patient Choice: Clarifying when you must encrypt and when you must honor a patient's request for unencrypted communication.
HIPAA Rules for Digital Messaging: A detailed breakdown of the relevant standards for email and texting.
Key Definitions: Establishing a clear understanding of terms from HIPAA, TCPA, and CMS.
The 3-Step Safeguard Demystified: A step-by-step guide to compliantly using patient emails and text messages, including required documentation.
TCPA Rules & Enforcement: How the FCC's Telephone Consumer Protection Act and recent court rulings impact your text messaging programs.
OCR & CMS Directives: Aligning your practices with the latest guidance from both HHS and CMS.
Tips for Enterprise-wide Compliance: Strategies for rolling out and maintaining a compliant communication framework across your entire organization.
Who Will Benefit
This webinar is essential for a wide range of professionals involved in patient communication, operations, and compliance, including:
Health Care Covered Entities & Providers:
Hospitals, Clinics, and Practices of all sizes
Physical, Occupational, and Behavioral Therapists
Executive Management, Practice Managers, and Chief Compliance Officers
HIPAA Privacy and Security Officials
Patient Engagement, Marketing, and Outreach Specialists
Risk Managers and In-House Counsel
Health Plans & Administrators:
Group Health Plan Administrators
Third-Party Administrators (TPAs)
Vendors and Business Associates:
Providers of Email and Text Message Patient Engagement Services
Billing and Collection Agencies
Practice Management Companies
Patient Satisfaction Survey Vendors
Healthcare Marketing and Compliance Consultants
Law Firms representing covered entities
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