Many marketing teams use Mailchimp for email marketing. However, if you work in healthcare, you should first check if the software program is HIPAA-compliant.
Let’s dissect Mailchimp’s HIPAA compliance and how to use it safely in healthcare.
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Is Mailchimp HIPAA Compliant?
No, Mailchimp isn’t HIPAA compliant. Mailchimp data security and privacy measures are varied. However, these measures are not enough to ensure HIPAA compliance. A service provider can only be HIPAA-compliant if it is able to sign a business associate agreement (BAA) with users who must comply with the standards set by the Health Insurance Portability and Accountability Act. Mailchimp does not provide a BAA.
Moreover, the marketing automation tool’s Standard Terms of Use shows that it puts the responsibility on customers to use the platform in a way that complies with HIPAA. The terms do not state that Mailchimp is HIPAA compliant, nor can you hold it liable if the platform doesn’t meet HIPAA standards.
According to Mailchimp:
You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLBA, Data Protection Laws (as defined in the Data Processing Addendum), anti-corruption and anti-bribery laws and regulations, United States and any other applicable economic sanctions, and export control laws and regulations (“Global Trade Laws and Regulations”), laws or regulations applicable to artificial intelligence features or Content, or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements.
Mailchimp Data Privacy and Security
The service employs round-the-clock data center physical security and internal IT security. It also utilizes data backups, encryption, 2FA authentication, and employee security. Mailchimp is also SOC 2 and 3 compliant and has obtained a PCI DSS Certification. However, as discussed, more is needed to ensure HIPAA compliance.
You cannot get a BAA from Mailchimp. If you upload patient information to Mailchimp’s mailing list, you risk disclosing protected health information (PHI) and breaking HIPAA rules.
Ensuring HIPAA Compliance When Using Mailchimp
While Mailchimp does not provide a BAA and is not explicitly HIPAA compliant, it may still be possible to use it in a manner that doesn’t go against HIPAA standards. However, doing so requires careful consideration and implementation.
Here are some tips for HIPAA-compliant email marketing:
1. Encrypt your data
Mailchimp uses TLS 1.2 encryption or higher to protect data while in transmission, but you should also use other security measures to protect data at rest or in storage. Other encryption methods, such as disk or database encryption, add an extra layer of security to protect data.
2. Set strong passwords
Enable Mailchimp’s 2FA authentication method. Implement strong passwords in all user accounts. Ask your IT team to force users to reset their passwords after a certain period to protect accounts from unauthorized access.
3. Implement strict PHI policies
Regularly review your mailing lists and email campaigns to ensure they do not contain protected health information (PHI). This includes removing any email addresses and personal identifiers that could be linked to a patient’s health information. You can also use keyword filters or automated scanning tools to detect and flag any potential PHI-containing content before it’s sent.
4. Develop an incident response plan
Create a comprehensive plan to address security incidents involving PHI within Mailchimp. Employees should know the process for detecting, reporting, and responding to security breaches or unauthorized access, regardless of whether the breach is intentional or unintentional.
Use Alternative Solutions to Mailchimp
Mailchimp compliance is an important consideration in healthcare marketing. Since the platform isn’t HIPAA-compliant, it’s better to consider using alternative email marketing platforms that explicitly offer HIPAA compliance and provide BAAs.
While Mailchimp is popular and easy to use, it is best to find alternative email marketing solutions that strictly adhere to HIPAA standards.
Or, you can launch marketing campaigns through fax blasts instead. iFax offers a HIPAA-compliant fax broadcasting solution suitable for organizations and large-scale businesses.
Learn more about it by requesting a free demo.
