Webinar Overview

Cut through the confusion surrounding digital patient communication. Contrary to common myths, HIPAA permits Covered Entities—including healthcare providers and health plans—to communicate with patients using unencrypted email and text messages. In fact, if a patient explicitly prefers unsecured channels, your organization is obligated to accommodate their request.

The key to compliance is not a blanket ban on these tools, but a clear understanding and diligent application of a straightforward "3-Step Safeguard." This proven process ensures adherence to regulations from the HHS Office for Civil Rights (HIPAA) and the Federal Communications Commission (TCPA). Additionally, a simple but critical text messaging rule from the Centers for Medicare & Medicaid Services (CMS) is often overlooked and must be integrated into your compliance strategy.

These same regulations extend to Business Associates who handle protected health information (PHI) via email or text on behalf of a Covered Entity.

This dynamic webinar cuts through the legal jargon to deliver these rules in a clear, engaging format with multimedia and animated graphics. We will demonstrate exactly what to do, showcasing real-life compliance missteps from the websites of major, respected healthcare providers. The key takeaway is undeniable: protecting your organization from email and text message violations is not only possible—it's straightforward.

Why You Should Attend

Attend this session to gain a practical, actionable understanding of how to comply with the intersecting rules of HIPAA, the TCPA, and CMS when using email and text messages. You will learn how to implement and properly document the "3-Step Safeguard" to shield your organization from regulatory penalties. Crucially, you will also learn to identify the specific scenarios where encryption is legally required, ensuring your communication strategy is both patient-friendly and fully compliant.

Areas Covered in the Session

• Overview & Key Takeaways: Demystifying the core principles of compliant digital communication.

• Defining PHI Under HIPAA: Understanding the broad, often surprising scope of what constitutes Protected Health Information.

• The Encryption Mandate: Clarifying when you must encrypt emails and text messages containing PHI.

• The Patient Preference Rule: Recognizing when you must use unencrypted communication based on patient choice.

• HIPAA Rules for Email & Text Messaging: A detailed breakdown of the relevant standards and implementation specifications.

• Key Definitions: Establishing a clear understanding of critical terms from HIPAA, TCPA, and CMS.

• The 3-Step Safeguard: A step-by-step guide to compliantly using patient emails and text messages.

• TCPA Rules & the Supreme Court: How the FCC's Telephone Consumer Protection Act and recent court rulings impact your text messaging.

• OCR & CMS Requirements: Aligning your practices with enforcement priorities 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

  • Covered Entity Owners and Boards of Trustees

• Health Plans & Administrators:

  • Group Health Plan Administrators

  • Third-Party Administrators (TPAs)

  • Health Plan Personnel

• 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