
While the basic provisions of privacy for protected health information are well known, their application in today’s world of electronic and personal communication devices is complex – such as texting, e-mailing, and using personal devices such as smart phones and tablet computers. In addition to HIPAA rules, various state licensure laws exist to require confidential information be kept confidential.
This is more important than ever in our new work-from-home and mobile society.
Many security rules regarding protected health information involve how and when protected health information is to be kept confidential and not accessible to others outside of direct patient care. But what is protected health information? Can communications not involving such protected health information be transmitted by non-confidential and non-secure methods? Is even a patient name protected health information?
The ability to text or e-mail health care practitioners and other staff and patients has become a priority for many health care entities and practitioners, especially solo health care practitioners with limited support staff. Maintaining patient privacy and confidentiality is necessary to make sure covered entities meet compliance standards of HIPAA and state licensure laws.
Although e-mailing and texting are convenient for the health care practitioner and patient, these communication methods have security risks and inherent pitfalls. Implementing e-mail and text solutions in the health care setting is a complex issue and several factors must be addressed.
Erase the fear, uncertainty, and doubt about exactly how a health care practitioner may use modern texting and e-mailing, both within their own health care organization or facility and to the outside world of patients. Find out how these communications may or may not be required to be retained by the health care practitioner.

Mark Brengelman holds Bachelor’s and Master’s degrees in Philosophy from Emory University and his law degree from the University of Kentucky. Working as an Assistant Attorney General in Kentucky in the area of administrative law, Mark was the assigned counsel and prosecuting attorney to numerous health professions licensure boards. He retired from state government and switched sides to represent licensees. Having been a presenter for over fifty organizations and private companies, Mark is a frequent participant in continuing education.