HIPAA and compliant marketing strategies

In healthcare, keeping patient privacy and trust is non-negotiable. Marketers in this field are guided by the Health Insurance Portability and Accountability Act (HIPAA), which lays out the rules that organizations must follow to avoid hefty penalties.

Understanding HIPAA regulations in healthcare marketing

Defining HIPAA marketing

The HIPAA Privacy Rule defines "marketing" as any communication that encourages the recipient to purchase or use a product or service. This includes a wide range of activities, from email campaigns and targeted social media ads to patient testimonials and promotional materials. The main distinction is that if the communication involves the use of PHI, it falls under the purview of HIPAA's marketing regulations.

Navigating HIPAA marketing restrictions

The HIPAA privacy rule imposes strict limitations on using PHI for marketing purposes. As a general rule, healthcare organizations must obtain written authorization from the individual before using their PHI for any marketing communication. There are, however, a few exceptions to this rule, such as face-to-face interactions or the distribution of promotional gifts of nominal value.

Developing a HIPAA marketing policy

To ensure compliance, healthcare organizations should develop a HIPAA marketing policy that outlines the procedures for obtaining patient authorization, handling patient testimonials, and providing opt-out mechanisms for marketing communications. The policy should be regularly reviewed and updated to reflect changes in regulations and industry best practices.

Read more: The definition of marketing according to HIPAA. 

Protecting patient privacy in digital marketing

Email marketing

Emails containing any personal information must be encrypted to ensure PHI remains private. Additionally, healthcare organizations need written consent from patients before using their email addresses for marketing purposes.

Social media

On social media, sharing any content that could potentially identify a patient, even unintentionally, is prohibited without securing written authorization.

PPC advertising

Pay-per-click (PPC) advertising can help attract new patients, but HIPAA regulations limit the types of targeting methods that can be used. Advanced techniques like retargeting, which rely on personal data, are generally not allowed in healthcare. Marketers should focus on using basic targeting options that don’t compromise privacy.

Testimonials and case studies

Testimonials and case studies can be powerful marketing tools but must be handled carefully. Any information that might reveal a patient's identity—whether through names, images, or other identifying details—cannot be used. All patient-related content must remain anonymous and free of any PHI.

Read also: FAQs: All about HIPAA and social media 

Strategies for HIPAA compliant marketing

Leveraging demographic targeting

One of the ways healthcare organizations can engage in marketing without violating HIPAA is by targeting their audience based on basic demographic information, such as age, gender, or location. This type of marketing does not involve the use of PHI and, therefore, does not fall under HIPAA's jurisdiction.

Exploring look-alike audiences

Another strategy for HIPAA compliant marketing is the use of look-alike audiences. By analyzing the demographics and behaviors of their existing patient base, healthcare organizations can create targeted marketing campaigns that reach individuals with similar characteristics, without directly using PHI. 

Obtaining patient authorization

When marketing communications do involve the use of PHI, healthcare organizations must obtain written authorization from the patient. The authorization form should clearly outline how the patient's information will be used, the purpose of the communication, and the individual's right to opt out. Maintaining a system for tracking and managing these authorizations is beneficial.

Ensuring opt-out mechanisms

All marketing materials, whether delivered via email, text message, or other channels, should include clear and prominent opt-out mechanisms, such as unsubscribe links or the ability to text "STOP" to opt-out of SMS campaigns.

Leveraging HIPAA compliant marketing tools

To ensure the security and confidentiality of PHI used in marketing campaigns, healthcare organizations must select HIPAA compliant marketing tools and platforms. These tools should incorporate security features, such as user authentication, access controls, audit logs, and encryption, as well as a signed business associate agreement (BAA) with the provider.

Partnering with HIPAA compliant marketing agencies

Healthcare organizations may also choose to work with HIPAA compliant marketing agencies to handle their marketing efforts. These agencies must demonstrate their own HIPAA compliance, including conducting annual self-audits, implementing remediation plans, and providing HIPAA training for their employees. The healthcare organization and the marketing agency should have a signed BAA in place to clearly define their respective responsibilities and liabilities.

Building a culture of HIPAA compliance

Achieving HIPAA compliance isn’t just about following rules—it requires a deep-rooted commitment to privacy and security throughout the organization. Regular employee training, audits, and risk assessments are steps to ensuring HIPAA is ingrained in marketing strategies.

Monitoring and maintaining HIPAA compliance

Healthcare organizations should regularly review their marketing policies and procedures, conduct self-audits, and stay informed about changes in HIPAA regulations and industry best practices.

Related: FAQs: HIPAA compliant email marketing 

In the news

Elite Dental Associates (Elite), based in Dallas, Texas, has agreed to settle alleged HIPAA violations with the Office for Civil Rights (OCR) for $10,000. The OCR's investigation began after a patient complained that Elite disclosed the patient's last name and health condition on social media. 

The OCR found that Elite had impermissibly disclosed the PHI of multiple patients in response to reviews on its Yelp page. Furthermore, the OCR noted that Elite lacked policies and procedures regarding PHI disclosures to protect patient information during social media interactions, and did not have a compliant notice of privacy practices. 

The reduced settlement amount considered Elite’s size, financial circumstances, and cooperation. The OCR stated that social media is not the place for providers to discuss patient care, urging healthcare professionals to prioritize patient privacy when responding to online reviews. As part of the settlement agreement and corrective action plan, Elite will be monitored for two years and must implement appropriate HIPAA compliant policies and procedures.

Simplify things with Paubox

Paubox Marketing is a HIPAA compliant email marketing solution designed for healthcare providers. The platform allows for creating personalized and segmented email campaigns while maintaining HIPAA compliance. It features secure storage for ePHI, customizable email templates, and advanced analytics to track campaign performance. By using Paubox Marketing, healthcare organizations can improve patient engagement and communication, achieving higher open and click-through rates with tailored messages, all within a secure and compliant environment.

Read more: HIPAA compliant email marketing: What you need to know 

FAQs

Does HIPAA apply to transmitting PHI? 

Yes, HIPAA applies to the transmission of PHI, ensuring all transmissions comply with HIPAA regulations to maintain patient privacy and security.

Do I need consent to transmit PHI securely? 

Yes, obtaining consent is part of securely transmitting PHI. Patients must provide consent for the transmission of their PHI to ensure compliance with HIPAA and respect for their privacy.

What solutions can I use to transmit PHI safely? 

There are various solutions available for safely transmitting PHI, including encrypted email platforms, secure file-sharing services, and HIPAA compliant messaging applications. Organizations must choose a solution that meets HIPAA standards for the secure transmission of PHI.

Learn more: HIPAA Compliant Email: The Definitive Guide