EMAIL INFORMED CONSENT

Updated October 2020

Email can be a useful method of correspondence for some clients. Transmitting confidential information by email can create several risks, both general and specific that clients need to be aware of if they choose this method of correspondence.

General email risks include but are not limited to the following:

  • Email can be immediately broadcasted worldwide and received by many intended and unintended recipients;

  • Recipients can forward email messages to other recipients without the original sender’s permission or knowledge;

  • Users can easily send an email to the incorrect address;

  • Email is easier to falsify than handwritten or signed documents;

  • Backup copies of email may exist even after the sender or recipient has deleted his or her copy; and

  • Without the benefit of face-to-face interaction, emails can be misinterpreted in tone and meaning.

Specific email risks include but are not limited to the following:

  • Email containing information pertaining to a client’s diagnosis and/or treatment must be included in the client’s medical record. Thus, all individuals who have access to the medical record will have access to the email messages;

  • If you are sending your emails from your employer’s or educational institution’s computer, your employer or educational institution does have access to your emails;

  • While it is against the law to discriminate, an employer who has access to your email could use the information to discriminate against the employee. Additionally, the employee could suffer social stigma from a workplace disclosure;

  • Insurance companies who learn of your PHI information could deny you coverage;

  • Although professionals and ATAGF staff will endeavor to read and respond to email correspondence promptly, they cannot guarantee that any particular email message will be read and responded to within any particular time frame. 

Conditions for use of email:

All email messages sent or received that concern your diagnosis or treatment or that are a part of your medical record will be treated as part of your PHI. Reasonable means will be used to protect the security and confidentiality of the email.  Because of the risk outlined above, the security and confidentiality of email cannot be guaranteed. 

Your consent to email correspondence includes your understanding of the following conditions:

  • All emails to and from you concerning your protected health information (PHI) will be a part of your file and can be viewed by health care, insurance providers, and ATAGF staff.

  • Your email messages may be forwarded within ATAGF as necessary for diagnosis, treatment, and reimbursement. However, they will not be forwarded outside the office without your consent or as required by law.

  • Though all efforts will be made to respond promptly, this may not be the case.  Because the response cannot be guaranteed do not use email in a medical or mental health emergency.

  • You are responsible for following up with your professional or ATAGF staff if you have not received a response.

  • Medical information is sensitive and unauthorized disclosure can be damaging. You should not use email for communications concerning diagnosis or treatment of AIDS/HIV infection, other sexually transmittable diseases, mental health, developmental disability, or substance abuse issues. It is your right, however, to choose to communicate about this information if you desire.

  • Since employers and educational institutions do not observe an employee’s or student’s right to privacy in their email system, you should not use their employer’s or educational institution’s email system to transmit or receive confidential emails.

  • ATAGF will take reasonable steps to ensure that all information shared through emails is kept private and confidential. However, ATAGF is not liable for improper disclosure of confidential information that is not a result of our negligence or misconduct. 

  • If you consent to the use of email, you are responsible for informing your professional and ATAGF staff of any type of information that you do not want sent to you by email.

  • It is your responsibility to update your email address with ATAGF staff and professionals if it changes.

  • You are responsible for protecting your password and access to your email account and any email you send or receive from ATAGF to ensure your confidentiality.  ATAGF, its staff, and its professionals cannot be held liable if there is a breach of confidentiality caused by a breach in your account security.

  • Any email that you send that discusses your diagnosis or treatment constitutes informed consent to the information being transmitted. If you wish to discontinue emailing information, you must submit a written notification that you wish to discontinue or an email informing your therapist that you are withdrawing consent to email information. 

Please note that not all ATAGF professionals communicate with patients and/or collateral contacts by email. Please speak with your professional about whether they communicate in this manner.

If you are uncomfortable with or do not agree with any of these terms, please do not provide your email address as a way to contact you on our Contact Us form. You are welcome to contact us by phone (701-780-6821) with any questions.