Constant Contact and HIPAA: Secure Healthcare Email Marketing Solutions

Yes, Constant Contact can be used for HIPAA-compliant email marketing. It meets the security requirements and will sign a standard Business Associate Agreement (BAA) with healthcare providers. That's good news. 

Email marketing is a powerhouse tool for healthcare providers. It combines a personal touch with professional reach.

Email marketing can be a cost-effective direct line to your patients, offering an opportunity to educate and engage. You can even send personalized messages such as appointment reminders or tailored health advice.

However, healthcare providers must comply with the Health Insurance Portability and Accountability Act (HIPAA) in email marketing. HIPAA governs the secure handling of Protected Health Information (PHI), which can be tricky with digital communication.

Constant Contact is a potential platform for healthcare organizations, but it may not be your best choice. Here are the ins and outs of HIPAA-compliant email marketing with Constant Contact and your alternatives.

Key Takeaways

1. Healthcare providers can use Constant Contact for HIPAA-compliant email marketing.

2. Healthcare organizations must also exercise their own security measures and best practices in handling PHI.

3. Constant Contact's standard BAA may only work for some providers.

4. beehiiv is a robust HIPAA-compliant platform to consider.

HIPAA and Email Marketing

To meet HIPAA compliance for email, healthcare providers must safeguard PHI, both in their databases and during transmission.

HIPAA requires covered entities to ensure that only authorized individuals can access PHI, maintain its integrity, and securely transmit it through encryption or other secure methods.

The act covers:

• Access controls

• Audits of stored emails

• The integrity of patient data

• Transmission security

Best Practices for HIPAA-Compliant Email Marketing

Healthcare providers should consult their legal advisors and the latest federal and state regulations, but it's a good idea to integrate the following HIPAA for email best practices into your marketing:

1. Only send marketing emails to subscribers: Recipients should have explicitly opted to receive marketing messages (different from personal communications). 

2. Use encrypted, blind-copy emails: PHI includes any details in a medical record or other health-related info that can identify an individual. To protect email addresses, use lists or blind carbon copy (bcc) recipients. This practice prevents patients from seeing who else received the email, thereby maintaining privacy.

3. Only include PHI if you have the proper consent: Any patient information, including images, should not be included in marketing emails without specific consent from the patient. For instance, before-and-after photos for cosmetic procedures require explicit patient approval for use in marketing materials.

You also need to ensure that any third-party service used for email marketing has a signed Business Associate Agreement (BAA).

Business Associate Agreements for Healthcare Email Marketing

BAAs serve as a contract between a HIPAA-covered entity and a vendor or third party with access to PHI. It outlines the permissible uses and disclosures of PHI by the business associate in accordance with HIPAA regulations.

Many major email service providers are willing to enter into BAAs that enable healthcare organizations to use these platforms for email marketing. These agreements ensure that both parties concerned understand their obligations to protect PHI.

Constant Contact’s Compliance Framework: Security, BAAs, and PHI Management

Like many top email marketing service providers, Constant Contact is set up with robust security measures and tools to help you meet HIPAA compliance.

Security Measures and HIPAA Compliance

Constant Contact HIPAA-compliant email marketing includes extensive security protocols to restrict access to your data. It safeguards information through:

• Physical security

• Network security

• Host security

• Software security

• User account security

From rigorously monitored physical servers and data centers to tools like multi-factor authentication and role-based access controls, Constant Contact protects its clients' information.

The Business Associate Agreement (BAA) With Constant Contact

Constant Contact HIPAA policies include a standard BAA for healthcare providers, formalizing its role in handling PHI on their behalf. This standard agreement meets HIPAA requirements, and the service will not consider custom alterations.

If you're a client and need a BAA, you can message the service's legal department to request one. Additional charges may apply for this service.

Managing PHI Within Constant Contact

Navigate the management of PHI within Constant Contact’s platform with a clear understanding of what’s permissible.

You can only send PHI under certain conditions — such as when a patient initiates communication or expressly requests it. Constant Contact's encryption and other safeguards are adequate to ensure the security of these messages.

Considerations for Healthcare Organizations Using Email Marketing

No matter what service you use, HIPAA email compliance ultimately falls on your shoulders. You need to be diligent in these areas:

• Data responsibility: Be careful when deciding what data to store and where to store it, and only send PHI when authorized.

• Account security: Create strong passwords, enable multi-factor authentication, and manage multi-user access.

• Compliance beyond the platform: Maintain HIPAA compliance beyond your email marketing platform as you collect, store, and handle PHI.

Also, Constant Contact isn't designed to serve as an Electronic Medical Record (EMR) system. Therefore, you shouldn't use it to store sensitive PHI, such as information related to mental health or HIV.

Limitations of Constant Contact

While Constant Contact offers a robust platform for general email marketing needs, healthcare organizations face unique challenges when managing PHI.

There are several potential downsides to Constant Contact:

• Rigid BAAs: The standard BAA may not suit all providers, and the platform won't work with you to tailor it to your needs.

• Vague compliance with California statutes: Constant Contact promises to support its customers in issues related to the California Consumer Privacy Act (CCPA) and the Confidentiality of Medical Information Act (CMIA), which include more stringent PHI regulations. However, Californians may prefer more clearly defined protections.

• Expensive solutions: Constant Contact quickly becomes pricey as your subscriber list grows. For a tool that can't handle other patient management needs, this may be more than you want to pay.

Constant Contact vs. HIPAA-Compliant Alternatives

If you're a healthcare organization seeking Constant Contact HIPAA-compliant alternatives, other platforms such as beehiiv provide strong solutions that may better fit your needs.

Is Mailchimp HIPAA Compliant?

No. Mailchimp will not sign a BAA, meaning it is not a HIPAA-compliant alternative.

Is beehiiv HIPAA Compliant?

Yes. beehiiv is willing to sign BAAs. Furthermore, transparency and accountability are at the forefront of our privacy practices.

At beehiiv, transparency and accountability are at the forefront of our privacy practices.

We provide our customers with best-in-class security and email deliverability and continuously monitor and update our protocols to protect against potential threats.

These protective measures safeguard your personal data from accidental loss and unauthorized access, use, alteration, or disclosure. Encryption technology is employed for all transmitted and received information.

Compared to Constant Contact, beehiiv promises:

• Equal HIPAA compliance

• Clearer CCPA and CMIA compliance

• Better email deliverability

• Lower prices

In addition to protecting your data, we help you maintain your sender reputation and get messages to your healthcare clients' inboxes for an affordable price.

For more information, beehiiv's exceptionally detailed Privacy Policy outlines how the platform handles customer and subscriber data.

Compliance for International and Californian Customers

Email marketing requires additional compliance measures in Europe and California.

beehiiv makes it easy to follow General Data Protection Regulations (GDPR) for subscribers abroad, but some users prefer to add dedicated email compliance software to their tech stack for additional peace of mind.

beehiiv also collects, uses, and shares data responsibly. Our California customers can rest easy, knowing that we maintain strict confidentiality and will never sell your data.

In accordance with the CCPA and CMIA, we guarantee your:

• Right to know: Discover what personal information we've collected about you, including the types, sources, purposes for collection, and any sharing activities.

• Right to delete: You can request the deletion of your personal information, subject to certain exceptions.

• Freedom from discrimination: Exercising your rights comes with the assurance of no discrimination from our side.

• Security of PHI: We will not collect or store data excluded by the CMIA.

Bottom Line

While Constant Contact provides a reliable and secure platform for email marketing, healthcare organizations must navigate its use with careful consideration of HIPAA compliance and the management of Protected Health Information (PHI).

Constant Contact offers robust security measures and a standard Business Associate Agreement (BAA) to formalize its commitment to safeguarding PHI. However, it may not cater to the unique challenges faced by individual healthcare organizations and their subscribers.

Healthcare organizations must perform due diligence when researching email marketing platforms and choose a platform that meets the strict security requirements for PHI. Consult with compliance experts and abide by HIPAA regulations at all PHI touchpoints.

If you're ready to look beyond Constant Contact, consider beehiiv, the future of HIPAA-compliant email marketing. Take advantage of our unparalleled security features, easy-to-navigate compliance tools, and commitment to protecting patients' privacy.

Discover how beehiiv can revolutionize your email marketing strategy while protecting patient data. Sign up for a free account today.

Is Constant Contact HIPAA Compliant: Frequently Asked Questions

Is using email a HIPAA violation?

Not necessarily. Using email for transmitting sensitive patient information without proper encryption and security measures in place can potentially be a HIPAA violation.

HIPAA regulations require appropriate safeguards when handling PHI, including via electronic communication methods like email.

Which email is HIPAA compliant?

HIPAA-compliant email is any email service or platform that meets the standards set by the Health Insurance Portability and Accountability Act (HIPAA).

These standards include, but are not limited to, secure data transmission, encryption of sensitive information, user authentication, access controls, and audit trail capabilities.

Can Constant Contact sign a Business Associate Agreement (BAA)?

Yes.

Constant Contact is willing to sign a standard Business Associate Agreement (BAA) with healthcare organizations. This BAA is a critical document that formalizes both parties' responsibilities in protecting PHI in accordance with HIPAA regulations.

Note that Constant Contact does not allow custom alterations to their BAA. Organizations must review the standard agreement carefully to ensure that it meets their specific compliance needs.

How does Constant Contact protect sensitive patient information?

Constant Contact HIPAA-compliant measures include a comprehensive suite of security measures designed to safeguard sensitive patient information.

These measures span various aspects of their platform, including physical security, network security, host security, application security, and user account management.

However, healthcare organizations must also maintain best practices for maintaining the security of their accounts and the PHI they handle.

What alternatives to Constant Contact offer HIPAA-compliant email marketing solutions?

beehiiv is a top choice for healthcare organizations seeking HIPAA-compliant email marketing. With robust security measures and a user-friendly interface, it ensures safe communication while maintaining performance.

Why Trust Us

I'm a digital marketer who regularly writes on email marketing trends and best practices, including pieces on email compliance with both established and emerging regulations.