Is GetResponse a HIPAA Compliant Email Marketing Solution?
by Hoala Greevy Founder CEO of Paubox
Table of Contents:
- What is a Business Associate?
- Business Associate Agreement provisions
- GetResponse and the Business Associate Agreement
- Does GetResponse 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 GetResponse 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 GetResponse offers HIPAA compliant email marketing service or not.
GetResponse markets itself as the world’s easiest email marketing platform. It has 350,000 customers in 183 countries.
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 GetResponse 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
GetResponse and the Business Associate Agreement
We checked the GetResponse site for mention of their ability to sign a Business Associate Agreement.
The closest thing we were able to find was a Prohibitive Practices popup page that says:
Our Customers are not allowed to use the Service to stream, disclose, engage, offer to sell, and promote, either directly or indirectly, any goods or services that:
market for: medical services, medical aid, medical assistance, medicines
Although it’s not quite the information we were looking for, it’s certainly indicative of a company that isn’t focused on HIPAA compliant email service.
Does GetResponse 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 GetResponse and its stance on HIPAA compliance:
- GetResponse has many customers in almost every country on the planet.
- GetResponse does not mention any ability to service the US Healthcare market.
Conclusion: GetResponse is not in the business of providing HIPAA compliant email marketing services.