Guides & Opinions
Abstract of Legal Analysis on RMail, RSign, and HIPAA requirements for privacy and proof
of delivery compliance.
This is an abstract from the legal analysis prepared by Jon Neiditz and Amanda Witt of
Nelson Mullins Riley &
Scarborough LLP after their review of RPost services RMail email security and RSign
e-signatures and their key features,
with regards to meeting requirements under the Health Insurance Portability and
Accountability Act of 1996 (“HIPAA).
This abstract of the legal opinion provides a summary of legal principles related to
e-signature law, e-security and
privacy, and how RPost offers a legally effective, HIPAA compliant solution. It concludes
RPost’s Registered Receipt™
email records and e-signatures are HIPAA compliant, legally enforceable and binding. Based
on their analysis, the
attorneys presented the following conclusions:
(1) An RPost (RMail or RSign) electronic signature can be used when a signature is required
by a document governed by
HIPAA and is as legally enforceable and legally effective as a ‘wet ink’ signature.
(2) RPost can be used to deliver documents electronically in conformity with the technical
safeguard standards of HIPAA
relating to the security of electronic communications of electronic PHI.
(3) Where notification is required by HIPAA and in the great majority of U.S. Jurisdictions
in which UETA applies,
RPost’s core Registered Email™ service does provide the sender with legally valid evidence
that notice has been
accomplished under HIPAA, as long as RPost’s resulting Registered Receipt™ email reports at
least successful delivery to
the recipient’s mail server.
