Health Information Technologies and Processes

Email Disclaimers

  • 1.  Email Disclaimers

    Posted 09-10-2019 12:53
    Hi,

    I am trying to find the rule or regulation that requires we add an email disclaimer on emails. Some staff at my agency do not think it is necessary to add a disclaimer to emails. I think we should keep the disclaimer to comply with HIPAA and the HIPAA Security Rule. Is there any specific wording that needs to be in the disclaimer? I know I have seen this information but cannot put my hands of the rules and regulations to justify my case. This is our wording now:

    This electronic mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient or the person responsible for delivering the electronic mail to the intended recipient, be advised that you have received this electronic mail in error and that any use, dissemination, forwarding, printing, or copying of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please immediately notify the sender by return mail and delete the erroneously delivered message from your electronic or other files immediately.

    Would love to see what others are using as their email disclaimers.

    Thanks



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    Frances Robertson
    Records Manager/Privacy Officer
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  • 2.  RE: Email Disclaimers

    Posted 09-16-2019 21:45
    Hello Frances,

    From what I've read, the disclaimer does not absolve you from any liability and should still practice appropriate email techniques.  HIMSS says that it should only be used to inform the receiver that the email contains PHI.  Their statement is on page 31 of the attached document.  I do not, however, think that it's anywhere within HIPAA or any listed regulations.


    Our email disclaimer reads as follows:

    Confidentiality Note:  This message and any accompanying documents are intended for use only by the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this communication in error, please contact the sender immediately and destroy the material in its entirety, whether electronic or hard copy.  Thank you.

    Sincerely,
    Jesse



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    Jesse Floyd, MHI,RHIA
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