Is Campaign Monitor a HIPAA Compliant Email Marketing Solution?
by Hoala Greevy Founder CEO of Paubox
Table of Contents:
- Campaign Monitor
- What is a Business Associate?
- Business Associate Agreement provisions
- Campaign Monitor and the Business Associate Agreement
- Does Campaign Monitor offer HIPAA Compliant Email Service?
We’ve been seeing more vendors, customers, and prospects asking about HIPAA compliant email marketing services.
Since Paubox is a Business Associate to thousands of customers, we’ve been wondering if they are able to use Campaign Monitor in a HIPAA compliant manner.
We know the HIPAA industry is vast, so we can empathize with just how many people need to use cloud services in this sector.
Today we will determine if Campaign Monitor offers HIPAA compliant email marketing service or not.
Campaign Monitor is a global technology company that provides an easy-to-use email marketing platform.
It is part of the CM Group.
What is a Business Associate?
A Business Associate is a person or company that performs certain functions or activities that involve the use or disclosure of protected health information for a Covered Entity.
Since Campaign Monitor is a cloud-based service, if it stores protected health information (PHI) on behalf of a Covered Entity, it is certainly considered a Business Associate.
Read full article: What does it mean to be a Business Associate?
Business Associate Agreement provisions
If a Business Associate provides services to a Covered Entity, then a Business Associate Agreement (BAA) must be in place.
A BAA is a written contract between a Covered Entity and a Business Associate and is required by law for HIPAA compliance.
At a minimum, a Business Associate Agreement contains 10 provisions.
Read full article: Business Associate Agreement Provisions
Campaign Monitor and the Business Associate Agreement
We checked Campaign Monitor’s site for mention of their ability to sign a Business Associate Agreement.
“Sensitive PII. Customer understands and acknowledges that the Services are not configured to process, receive, and/or store: 1) protected health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”)”
Does Campaign Monitor offer HIPAA Compliant Service?
The Business Associate Agreement (BAA) is a key component to HIPAA compliance between a Covered Entity and a Business Associate.
We were able to learn the following about Campaign Monitor and its stance on HIPAA compliance:
- Campaign Monitor is simply not in the business of providing HIPAA compliant service.
Conclusion: Campaign Monitor is not a HIPAA compliant email marketing service.