Navigating HIPAA, TCPA, and CMS Rules for Email and Text Messaging

Contrary to common online misconceptions, HIPAA Covered Entities—including healthcare providers and health plans—are permitted to use unencrypted email and text messaging to communicate with patients. Importantly, if a patient expresses a preference for unencrypted communication, the Covered Entity is obligated to honor that request.

The key to compliance lies in understanding and meticulously applying a straightforward "3-Step Safeguard" process. This approach ensures adherence to regulations enforced by the HHS Office for Civil Rights (HIPAA) and the Federal Communications Commission (TCPA). Additionally, a simple but often-missed rule from the Centers for Medicare & Medicaid Services (CMS) regarding text messaging will be clarified.

These guidelines equally apply to Business Associates who handle Protected Health Information (PHI) via email or text on behalf of a Covered Entity.

This webinar delivers a clear, engaging explanation of these rules through dynamic multimedia and graphics. You will receive explicit guidance on compliant practices and review real-world examples of common missteps, illustrated from the websites of major healthcare organizations.

The central lesson is how straightforward it can be for Covered Entities to protect themselves from violations related to email and text messaging.

Why You Should Attend:

This session will equip you with the knowledge to confidently comply with HIPAA, TCPA, and CMS regulations governing electronic communication. You will learn how to implement and document the essential "3-Step Safeguard" for your organization and gain a clear understanding of the specific circumstances that mandate the encryption of emails and texts.

Key Topics Covered:

• Understanding PHI: A clear explanation of how HIPAA defines Protected Health Information—its scope is broader than often realized.

• Encryption Requirements: When you are legally required to encrypt emails and text messages containing PHI.

• Patient Preference: The rules mandating the use of unencrypted communication when requested by an individual.

• The Compliance Framework:

  • Core HIPAA definitions and rules for email and text messaging.

  • A detailed walkthrough of the "3-Step Safeguard" for patient communications.

  • An overview of TCPA rules and relevant Supreme Court rulings.

  • Clarification of CMS guidelines for text messaging.

• Operational Implementation: Practical tips for ensuring organization-wide compliance.

Who Will Benefit from This Webinar:

This session is designed for a wide range of professionals and organizations involved in healthcare communication and compliance, including:

• Covered Entities & Providers:

  • Hospitals, Health Systems, Clinics, and Private Practices of all sizes

  • Physical, Occupational, and Behavioral Therapists

  • Health Plans and Plan Administrators (Group & Third-Party)

• Management & Compliance Personnel:

  • Executive Management, Senior Leadership, and Practice Owners

  • Chief Compliance Officers, HIPAA Privacy/Security Officials

  • Practice Managers, Risk Managers, and Compliance Committee Members

  • Patient Engagement, Marketing, and Outreach Specialists

• Legal & Advisory Roles:

  • In-House and Outside Legal Counsel for Covered Entities

• Business Associates & Vendors:

  • Billing, Collection, and Practice Management Companies

  • Vendors of Patient Engagement, Satisfaction Survey, and Marketing Services

  • Healthcare Compliance and Marketing Consultants