HIPAA & BAA · Email marketing
Is Mailchimp HIPAA compliant?
No. Mailchimp (Intuit) does not sign a BAA on any plan, and its Terms of Use explicitly prohibit using the service for PHI.
Key facts
- BAA available: No — vendor will not sign a BAA
- Official source: HIPAA Journal — Is Mailchimp HIPAA Compliant? — https://www.hipaajournal.com/is-mailchimp-hipaa-compliant/ (verified 2026-06)
What to do instead of Mailchimp
- Do not upload, store, or transmit any PHI through Mailchimp, including patient names tied to health context.
- Use a HIPAA-friendly email/marketing platform that will sign a BAA, such as Paubox, LuxSci, or a HIPAA-eligible offering.
- If you only need non-PHI marketing (general newsletters with no patient health data), Mailchimp can be used, but keep lists strictly free of PHI.
- Segment any patient communications containing PHI to a BAA-covered system.
Important caveats
- There is no paid tier or enterprise exception that unlocks a BAA from Mailchimp or Intuit.
- Mailchimp's terms place non-compliance liability on the customer if PHI is used.
- Even an email list of patients can itself be PHI depending on context; treat patient identity as sensitive.
The bottom line
No software is "HIPAA compliant" on its own. HIPAA compliance is a property of your organization, not a tool. Even with a signed BAA, you remain responsible for configuring Mailchimp correctly, limiting access to PHI, training staff, and maintaining your own safeguards. This page is general information, not legal advice; confirm current terms with Mailchimp.
Frequently asked questions
Does Mailchimp sign a BAA?
No. Mailchimp does not sign a Business Associate Agreement, so it should not be used to create, receive, store, or transmit protected health information (PHI).
Is Mailchimp HIPAA compliant out of the box?
No software is "HIPAA compliant" by itself. Even when Mailchimp offers a BAA, you are responsible for signing it, configuring the product correctly, restricting access, and maintaining your own administrative, physical, and technical safeguards.
What should I check before using Mailchimp with PHI?
There is no paid tier or enterprise exception that unlocks a BAA from Mailchimp or Intuit.
