HIPAA Fax Disclaimers Explained: Importance, Use Cases and Drafting Tips

Healthcare organizations rely on fax technology to ensure sensitive patient information and critical documents are shared securely. Faxes containing confidential information must comply with the Health Insurance Portability and Accountability Act (HIPAA) and only be accessible to the intended recipient.

Healthcare organizations that share information by fax should include a HIPAA fax disclaimer on sent messages. Doing so can inform recipients about the contents of the fax message and confirm they are the intended recipient. Read on to discover why you need a HIPAA-compliant fax disclaimer and how to write one.

Understanding HIPAA Fax Disclaimers

Sending documents via fax is crucial for healthcare and medical practitioners who share confidential information, such as patient data or Protected Health Information (PHI). Fax reduces the potential for critical information to end up in the wrong hands and helps companies comply with HIPAA.

A HIPAA-compliant fax disclaimer provides further assurance that the data being shared is secure. Businesses and individuals that fail to comply with HIPAA policies can face significant fines and criminal proceedings, so including a HIPAA fax disclaimer as a legal safeguard can be crucial.

What is a HIPAA Fax Disclaimer?

A HIPAA disclaimer for fax is a legal statement or notice included within a sent fax communication. The disclaimers protect the privacy and security of PHI included within a fax message, as required under HIPAA. 

The fax disclaimer typically provides an introductory page to the fax message. It includes information like the intended recipient, details of the message’s contents and notification that the fax is confidential and could include PHI. As a result, a fax disclaimer medical note informs a recipient that the fax they’ve received contains confidential or sensitive information that must only be accessed or read by authorized individuals. 

HIPAA’s policies require that every fax document containing PHI must include a fax disclaimer. The disclaimer ensures that the recipient of the fax understands the message is not to be shared or disclosed without prior permission. HIPAA’s fax regulations also recommend that fax disclaimers include:

• The time and date the fax transmission was sent.
• The sender’s name, fax number, and organization.
• The recipient’s name, fax number, and organization.
• The case number or code of the patient reference, not their name.
• A HIPAA disclaimer that prohibits the information from being disclosed.

Different Types of HIPAA Fax Disclaimers

Several different types of fax disclaimers can help businesses comply with HIPAA regulations, including:

• Confidentiality Statement: This disclaimer explicitly states that the fax message contains confidential information and its contents should only be read or disclosed by the intended recipient.
• Non-Disclosure Statement: A non-disclosure statement advises the recipient that the fax message contains confidential or privileged information. It also informs them that the message contents must not be disclosed without proper authorization.
• HIPAA Compliance Statement: This fax disclaimer confirms that the fax message complies with HIPAA regulations safeguarding PHI.
• Privacy Notice: A privacy notice disclaimer provides a brief overview of the fax recipient’s rights and responsibilities regarding PHI. 

The Importance of a HIPAA Fax Disclaimer 

HIPAA fax disclaimers are crucial to help healthcare providers take all the necessary steps to prevent PHI information from being leaked. The importance of fax disclaimers includes:

• Ensuring Legal Compliance: A HIPAA fax disclaimer helps healthcare organizations to demonstrate they are aware of and understand HIPAA requirements. It also indicates that the company is taking all necessary steps to comply with the regulation.
• Mitigating Risk: A fax disclaimer is crucial in helping people understand what to do if they receive a document containing PHI. The disclaimer helps mitigate the potential risk of unintended recipients receiving a fax message.
• Establishing Trust: A fax disclaimer plays a crucial role in helping to develop and protect patients’ trust in a healthcare organization. It communicates the company’s commitment to protecting patients’ data, ensuring they build trust with both their patients and stakeholders.
• Patient Awareness: A fax disclaimer also plays a crucial role in reminding patients of their compliance requirements. It informs the recipient that a message may contain PHI and advises them to keep the information private.
• Legal Liability: Linked to the previous point, a fax disclaimer provides legal liability that every effort has been made to protect patient data. For example, warning recipients that a message contains PHI and advising them to carefully protect it offers liability if the information is copied, distributed or viewed by unauthorized individuals.

4 Key Features of a HIPAA Fax Disclaimer

A HIPAA fax disclaimer must be clear and concise in its communication, including the following four key features:

Confidentiality Notice

A confidentiality notice informs the recipient of a fax message that it contains confidential information, including PHI. It clarifies that the contents should only be read by the intended recipient and may not be shared with other individuals without proper authorization. 

Unintended Recipient Clause

An unintended recipient clause is crucial in case a faxed message is received by the wrong person. It consists of a message stating that it’s strictly prohibited for any unintended recipient to use, view, copy or distribute the contents of the fax. The clause should also advise the unintended recipient to notify the sender that they received the message in error and delete it immediately. 

Security Warning

Healthcare companies should use a HIPAA fax disclosure to advise recipients about the security risks involved with fax communication. This includes the risks of sharing confidential data with unauthorized individuals and the requirement to use technologies to protect their data and systems.

Compliance Statement

A compliance statement indicates that the sender of a fax complies with HIPAA regulations and takes the protection of PHI seriously. 

8 Best Practices for Creating a HIPAA Fax Disclaimer

In addition to those key features, several best practices can help healthcare organizations make the most of their HIPAA fax disclaimers. For example: 

Include a warning: Healthcare organizations should make it a requirement to include a warning that advises people what to do if they receive a fax message in error. They should also advise a recipient to notify the sender, not read or share the message contents and delete the message immediately.

Standardize fax disclaimers: Standardizing fax disclaimer creation makes it easy to repeat the process on all faxed communication. Organizations should create standardized templates to ensure consistency across all their sent faxes. Automation tools can ensure disclaimers are included within all sent messages by default, minimizing the risk of human error.

Use simple language: While fax disclaimers are required under HIPAA regulations, it’s clear to avoid legal jargon and keep the language clear and understandable. Keep disclaimers concise and use simple language that non-healthcare professionals can understand if they receive the message in error.

Disclaimer placement: The position of a fax disclaimer is vital to ensure recipients read it. The disclaimer should be at the top of a fax communication, ensuring it’s visible and an unintended recipient can easily recognize they’ve received it in error.

Include disclaimers in all relevant communication: All sent faxes that contain sensitive information or PHI must be accompanied by a HIPAA fax disclaimer. That includes fax messages that healthcare professionals send to their patients and colleagues.

Regularly update disclaimers: Healthcare providers should periodically have their HIPAA fax disclaimers reviewed, fact-checked and updated by their legal team. Ensure disclaimers continue to meet regulatory requirements and adequately protect the organization. 

Implement security tools and measures: All fax messages containing sensitive data and PHI should not only contain a fax disclaimer but also be protected by security tools and technologies.

Regularly monitor compliance: Auditing compliance processes can help healthcare firms ensure fax disclaimers are applied consistently and contain the information required to comply with HIPAA regulations.

Examples of HIPAA Fax Disclaimers

HIPAA fax disclaimers can help healthcare providers perfect their communication. Here are a couple of sample HIPAA disclaimer examples:

Basic Fax Disclaimer

This fax message may contain protected health information. Any unauthorized use or disclosure of the PHI and this fax message is strictly prohibited. If you have received this message in error, please notify the sender and delete this fax message immediately.

Confidentiality Notice

Warning – Confidentiality Notice: This fax message contains sensitive information and may contain protected health information. The data enclosed is private and confidential property of the sender and is privileged communication intended for the indicated recipient. If you are not the intended recipient, you are strictly prohibited from reading, reviewing, disclosing, copying, distributing, or taking any other action with the contents of this fax message. If you have received this message in error, please notify the sender and delete this fax message immediately.

Create HIPAA Compliant Fax Disclaimer and Cover Sheets With eFax Corporate ®

Digital faxing solution eFax Corporate®, the leading cloud fax service in the healthcare industry for nearly 20 years, makes it easy for healthcare professionals to securely send and receive fax messages at any time and from anywhere. The faxing service provides the experience, next-generation encryption technologies and proven track record to ensure healthcare providers align with strict HIPAA security guidelines. This includes delivering on core HIPAA technical safeguards like access control, audit control, data encryption and transmission security.

eFax Corporate also helps users to create HIPAA-compliant fax cover sheets and disclaimers. eFax Corporate’s cover sheet templates provide pre-configured documents for all business needs. This includes fax disclaimers that make it simple for healthcare companies to create HIPAA-compliant communications.