Email, Texting, and Other Electronic Communications with Patients 

The ease of electronic communication has increased its use in all aspects of modern life, and, of course, health care is no exception.  Although e-communication is convenient, health care providers know they have a heightened responsibility to protect confidentiality and security when communicating protected health information (PHI).  Both federal and state laws and rules apply to exchanges of PHI.

Federal HIPAA rules permit covered health care providers to communicate electronically with patients, so long as providers apply reasonable safeguards when doing so. 45 C.F.R. § 164.530(c).   Because almost all providers are covered entities under HIPAA, these rules will apply to most physicians.  The rules do not define “electronic communication” and simply name “e-mail” as an example.  However, the ICS interprets it to apply to any form of communication that is created, transmitted, stored, or viewed using electronic media, such as computers, phones, email and video.