Like any email, healthcare professionals must remain HIPAA compliant when utilizing email marketing. More than 50% of healthcare professionals violate HIPAA requirements, leading to costly fines, loss of reputation, and breaches. Yet many common email marketing mistakes are avoidable with the proper knowledge and technology.
Common mistakes to avoid
- Failing to obtain proper consent: Before sending marketing emails, healthcare professionals must obtain explicit, written consent from patients, outlining the purpose and type of communication they will receive.
- Using unencrypted email services: Standard, unencrypted email platforms are vulnerable to breaches and unauthorized access; healthcare professionals must use encrypted email services to secure protected health information (PHI).
- Not training staff: Staff involved in email marketing must receive comprehensive training on HIPAA regulations and email marketing best practices.
- Including PHI in unencrypted emails: PHI can only be in encrypted emails. Even seemingly benign information is PHI if it can be linked to an individual. To include PHI, use a HIPAA compliant marketing service like Paubox.
- No business associate agreement (BAA): If you use third-party email services or marketing platforms, have a business associate agreement (BAA) with each vendor. A BAA ensures that your vendors comply with HIPAA regulations.
- Neglecting to audit and monitor: Regular audits and monitoring ensure HIPAA compliance by tracking who has access to PHI and how they are using it.
- Improper data storage: Secure storage of PHI can prevent breaches or accidental disclosures. Implement stringent security measures and limit access to authorized personnel.
- Not providing opt-out options: Compliance with the CAN-SPAM Act requires that recipients have an easy way to opt-out of receiving marketing emails.
- Overlooking the Minimum Necessary Rule: When handling PHI, apply the minimum necessary rule, meaning only use the amount of PHI needed to achieve the intended purpose of your email.
- Ignoring state laws: In addition to HIPAA, be aware of state-specific privacy laws that may have additional requirements or restrictions on email marketing.
Why mistakes happen
The common causes of HIPAA compliance mistakes in email marketing often stem from a combination of oversight, a lack of awareness, and inadequate resources. Many healthcare providers may not fully understand the specific requirements of HIPAA regulations or may mistakenly assume that general consent covers all forms of communication.
On top of this, many email marketing services appear HIPAA compliant, but won’t secure data. With these services, healthcare organizations cannot send personalized information, such as names or information about specific health conditions. Instead, healthcare organizations should work with a service provider that is explicitly compliant and safeguards PHI.
See also: HIPAA compliant email marketing: What you need to know
FAQs
Does HIPAA compliance matter in email marketing?
Yes, healthcare organizations must be HIPAA compliant for all email communications, ensuring that PHI is securely maintained.
Do I need to include PHI in email marketing?
You do not need to include PHI in email marketing, but effective email marketing generally has some level of personalization. For the best marketing strategy, use an email marketing service that allows you to send PHI.
How can I provide easy opt-out options in marketing emails?
Include a clear and visible opt-out link in every marketing email, and ensure the process is straightforward. Promptly confirm requests and maintain a list of those who have opted out to avoid sending future emails.
Tshedimoso Makhene
