Paubox blog: HIPAA compliant email made easy

Can healthcare organizations purchase email lists?

Written by Liyanda Tembani | September 05, 2023

Healthcare organizations should not purchase email lists. It raises legal concerns, especially regarding patient privacy under HIPAA. It can harm their reputation by sending unsolicited emails, often considered intrusive and unethical. Building organic email lists with proper consent and engagement is a more responsible approach. In some cases, it might violate CAN-SPAM regulations, too.

 

The basics of email lists

Email lists are collections of email addresses that allow organizations to reach out to their target audience, share information, and promote their services. There are two primary types of email lists: organic (opt-in) and purchased.

Organic email lists are built from individuals who willingly provide their email addresses and consent to receive emails from an organization. These subscribers have expressed genuine interest in the organization's services, making them a valuable and engaged audience. For instance, a patient who signs up to receive newsletters from their healthcare provider is part of an organic email list.

Purchased email lists, on the other hand, consist of email addresses acquired from third-party vendors. These lists are often marketed as a quick way to expand your reach, but they come with issues that make them a problematic choice for healthcare organizations.

Related: Understanding opt-in and HIPAA compliant email marketing

 

Legal and regulatory considerations

HIPAA places strict requirements on the protection of patient privacy and the use of healthcare information. Email addresses can be considered personally identifiable information (PII) under HIPAA if linked to patient health information.

Purchasing email lists can lead to potential legal issues because these lists typically lack the necessary consent and authorization from individuals. HIPAA requires explicit permission before using patients' information for marketing purposes.

Related: Personally identifiable information: HIPAA compliance key facts

 

Ethical concerns

Sending unsolicited emails to individuals who have not expressed interest in your services can be seen as intrusive and disrespectful of their privacy. Healthcare organizations should prioritize patient trust and respect, and purchasing email lists does not align with these principles. Furthermore, engaging in unethical email marketing practices can harm an organization's reputation. 

 

Email marketing success factors

Successful email marketing campaigns rely on several factors. Relevance and engagement are at the forefront. Organic email lists tend to be more engaged because the individuals on the list have a genuine interest in your services. They have actively chosen to receive communications from your organization. 

In contrast, purchased email lists often consist of disinterested recipients who are unlikely to engage with your content. Spam complaints are another risk associated with purchased lists. High spam complaint rates can damage your email deliverability and sender reputation, making it harder to reach your target audience effectively. 

 

Risks and consequences

  • Poor email marketing performance: Low engagement, high bounce rates, and spam complaints can lead to ineffective email marketing campaigns.
  • Legal consequences: Violating data privacy laws, like HIPAA, can result in legal penalties, fines, and damage to the organization's credibility.
  • Reputational damage: Engaging in unethical email practices can harm the organization's reputation, eroding trust among patients and clients.
  • Negative outcomes: For example, imagine a healthcare organization purchasing an email list, resulting in spam complaints, damage to the sender's reputation, and potential legal actions from individuals feeling their privacy was violated. Such negative consequences outweigh any potential benefits.

 

Alternatives to purchasing email lists

So, what should healthcare organizations do instead of purchasing email lists? The answer lies in building email lists organically through legitimate means. This involves obtaining consent and authorization from individuals who willingly subscribe to receive emails from your organization. While it may take more effort, it ensures that you have a receptive and engaged audience genuinely interested in your services.

Related: HIPAA compliant email marketing: What you need to know

Healthcare organizations should refrain from purchasing email lists. Legal, ethical, and practical considerations make it a risky and unwise choice. 

Instead, prioritize responsible and compliant email marketing practices that respect patient privacy and preferences. Building organic email lists may require more effort, but it ultimately leads to more successful and ethical email marketing campaigns in the healthcare industry.