Guides & Opinions
RMail and RSign meet HIPAA requirements for privacy and proof of delivery compliance.
Jon Neiditz and Amanda Witt of Nelson Mullins Riley & Scarborough LLP reviewed RPost
services RMail email security and
RSign e-signatures and their key features in detail and determined that they meet
requirements under the Health
Insurance Portability and Accountability Act of 1996 (“HIPAA). This legal opinion provides
an in-depth look at
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.
