Covered entities can send healthcare promotions via email under HIPAA, provided they obtain written authorization from patients when using their protected health information (PHI) for marketing purposes. Certain communications, like appointment reminders and information about healthcare services, may not require authorization.
HIPAA and marketing
HIPAA protects the privacy and security of patients’ PHI. Within this framework, marketing is defined as any communication that promotes the purchase or use of a product or service. The definition includes emails encouraging patients to use specific healthcare services or products.
A recent study on the impact of marketing strategies in healthcare systems found that email marketing effectively facilitates appointment reminders, disseminates information about new services, and provides updates on general health matters. However, healthcare organizations must follow HIPAA guidelines when sending marketing emails.
Read more: The definition of marketing according to HIPAA
Authorization requirements
When sending promotional emails involving PHI, covered entities must obtain written authorization from the patient. Authorization ensures that patients are aware of and consent to use their personal information for marketing purposes.
Related: What makes an email marketing consent form HIPAA compliant?
The minimum necessary rule
HIPAA requires that covered entities adhere to the minimum necessary standard when using PHI. Organizations should only use the required PHI to achieve the promotional communication's purpose. For instance, if an email is promoting a new service, it should not disclose sensitive details about a patient’s medical history or conditions unless explicitly required.
Opt-out mechanisms
Including an opt-out option in promotional emails is a legal requirement under various regulations, including the CAN-SPAM Act. Every email should feature a clear and easy way for patients to unsubscribe from future communications. Providing this option complies with legal standards and helps maintain a positive relationship with patients by respecting their preferences.
Business associate agreements (BAAs)
When using an email service provider to send promotional emails, covered entities must ensure that the provider is HIPAA compliant by having a BAA in place. A BAA is a contract that outlines the responsibilities of the service provider in safeguarding PHI. It helps ensure that any PHI shared with the email provider is protected according to HIPAA regulations.
Security considerations
Healthcare organizations should implement robust security measures to protect PHI during email communications:
- Encryption: Encrypting emails helps secure PHI during transmission, making it difficult for unauthorized parties to access sensitive information.
- Secure transmission: Using secure email protocols ensures that communications are sent over secure channels.
Use Paubox Marketing to send personalized marketing emails including PHI - or better yet, cover your bases and use it for all marketing emails.
Read more: HIPAA compliant email marketing: What you need to know
FAQs
What types of information can be included in promotional emails without violating HIPAA?
Promotional emails can include general information about healthcare services or programs, such as wellness initiatives or educational materials.
How can healthcare organizations ensure their email marketing campaigns comply with HIPAA?
Organizations can conduct regular compliance training for staff, perform audits of their email marketing practices, and consult with legal experts specializing in healthcare regulations to ensure they follow HIPAA guidelines.
Can healthcare organizations use patient testimonials in promotional emails?
Using patient testimonials in promotional emails is permitted. However, organizations must ensure that any identifiable patient information is removed, and they must obtain the patient’s consent to share their story, in compliance with HIPAA.
Liyanda Tembani
