HIPAA email marketing refers to using email communication for marketing purposes while adhering to the regulations outlined in the Health Insurance Portability and Accountability Act (HIPAA). HIPAA sets standards for protecting sensitive patient health information (PHI) and requires healthcare organizations to safeguard this data's confidentiality, integrity, and availability.
Compared to other industries, healthcare-related email campaigns have an average open rate of 41.23%, with Tuesdays yielding better receptivity rates among readers. The factors that affect the open rate include industry type, target audience, content relevance, and sender reputation. To assess the success of an email campaign, click-through and conversion rates must be considered.
Go deeper: 5 email marketing stats for healthcare providers
Sending marketing emails to individuals covered by HIPAA regulations is not inherently illegal, but it must be done in compliance with HIPAA rules to ensure the protection of patients' sensitive health information. HIPAA sets strict standards for the use and disclosure of protected health information (PHI), including in marketing communications.
Read more: The rules for PHI in healthcare email marketing
Yes, healthcare organizations can use email marketing to collect feedback or conduct surveys from patients, but they must do so in compliance with HIPAA regulations to ensure the protection of patient privacy and confidentiality.
Go deeper: HIPAA compliant email marketing: What you need to know
Email offers a means of communicating with patients. The various ways healthcare marketers can utilize email include:
Anti-spam regulations, such as the CAN-SPAM Act, require a simple and straightforward unsubscribe option in all healthcare marketing emails. This process should be hassle-free.
Under the HIPAA Privacy Rule, communications that describe a health-related product or service offered by, or included in the benefits plan of, a covered entity are not considered "marketing".
While generic newsletters may not typically contain specific patient information, there's always a possibility that they could inadvertently include PHI, such as discussing certain medical conditions, treatments, or procedures in a way that could identify a patient. Therefore, healthcare organizations must ensure that any newsletters, whether generic or targeted, are handled in compliance with HIPAA regulations to protect patient privacy and confidentiality.
HIPAA's consent requirements for email marketing are primarily guided by the Privacy Rule, which sets standards for the use and disclosure of PHI. When it comes to email marketing, HIPAA requires healthcare organizations to obtain explicit consent from patients before using their PHI for marketing purposes.
Learn more: The elements of patient consent for email marketing
HIPAA does not specifically outline guidelines for subject line content in healthcare marketing emails. However, it's essential to ensure that subject lines do not disclose PHI or violate patient privacy. Subject lines should be general and avoid referencing specific medical conditions or treatments that could potentially identify a patient. Instead, focus on promoting services, general health tips, or upcoming events in a way that respects patient confidentiality.
Related: Is a subject line PHI?
If the covered entity or a business associate manages disease management or wellness programs, any communications regarding these services are not considered marketing as they relate to the covered entity's health-related services.
Communications about the government and its sponsored programs are not considered marketing. Since there is no commercial aspect involved in describing the benefits of public schemes, covered entities can disclose PHI for discussing eligibility criteria regarding Medicare, Medicaid, or the State Children’s Health Insurance Program (SCHIP).