Can I Use DocuSign and be HIPAA Compliant?

We often get asked by customers and prospects about DocuSign and their ability to use it 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-based services in this sector.

In previous posts, we’ve covered the following cloud solutions and their capabilities for HIPAA compliance:

• Amazon CloudFront
• Apple iCloud
• Apple iMessage
• Box
• Citrix ShareFile
• Dropbox
• FaceTime
• Google Calendar
• Google Docs
• Google Drive
• Google Forms
• Google Hangouts
• Google Slides
• Google Voice
• GoToMeeting
• Heroku
• Intercom
• Office 365
• OneDrive
• SharePoint
• Slack
• Sonic
• WhatsApp
• WordPress
• Yammer
• Zoho
• Zoom

Today, we will determine if DocuSign offers HIPAA compliant service or not.

SEE ALSO: HIPAA Breaches and Cloud Providers

About DocuSign

DocuSign is a San Francisco-based company that provides electronic signature technology and digital transaction management services for facilitating electronic exchanges of contracts and signed documents.

DocuSign and the Business Associate Agreement

We’ve previously talked about how a Business Associate Agreement (BAA) is a written contract between a Covered Entity and a Business Associate. It is required by law for HIPAA compliance.

We checked DocuSign’s site and found a PDF doc called DocuSign for HIPAA Compliance.

In it, DocuSign states:

Although DocuSign does not have access to any PHI, it may hold PHI in encrypted form on its servers, and as such is a Business Associate (BA) and has entered into agreements with numerous HIPAA covered entities.

It also includes this section:

Has DocuSign signed HIPAA Business Associate Agreements (BAAs) with customers to date?

• Yes, DocuSign has signed BAAs with healthcare and life sciences customers.
• To the extent DocuSign receives or possesses access to Protected Health Information, DocuSign complies in full with the privacy and security requirements of HIPAA applicable to DocuSign as a Business Associate of our customer.
• DocuSign has BAAs in place with customers who have Enterprise accounts and want to be HIPAA compliant. A signed BAA should be in place between DocuSign and the customer prior to transmitting any Protected Health Information (PHI) through DocuSign.

Does DocuSign Offer HIPAA Compliant Service?

The Business Associate Agreement is a key component to HIPAA compliance between a Covered Entity and a Business Associate.

Since DocuSign offers at BAA, we conclude that DocuSign is a HIPAA compliant service.

It’s important to note however, you must sign a BAA with DocuSign to be HIPAA compliant.

Conclusion

DocuSign meets HIPAA Compliance standards. Make sure you sign a BAA with DocuSign.