HIPAA compliance in digital marketing

According to the University of Rochester Medical Center, “Social media is a danger zone for health care workers.” While connecting with patients on social media is acceptable it requires careful consideration, as HIPAA principles extend to online engagement and require PHI to be protected.

Understanding HIPAA compliance in digital healthcare marketing

Integrating marketing efforts that adhere to HIPAA compliance means ensuring that every campaign, strategy, and digital initiative respects the sanctity of protected health information (PHI). Whether it's an email marketing blast about a new service or a broader marketing campaign, healthcare organizations must meticulously ensure that their marketing activities comply with HIPAA regulations.

While healthcare marketing tries to inform and attract new patients, it also treads a fine line. Using patient information requires adherence to HIPAA marketing rules. Healthcare organizations must understand this delicate balance, prioritizing patient privacy while effectively communicating their offerings and services.

The dos and don'ts 

HIPAA marketing 101

Not every marketing strategy used in other sectors is permissible for healthcare organizations. HIPAA privacy rules have clear guidelines about what could result in a breach. Healthcare marketers must familiarize themselves with these rules to ensure their campaigns remain compliant.

Digital tools

Social media and other digital platforms offer vast opportunities for engagement, but using patient data on these platforms, even indirectly, might require special attention. Healthcare organizations must approach their digital marketing efforts with caution, ensuring that patient consent is always at the forefront and that their strategies adhere to HIPAA regulations.

Read more: The dos and don’ts of email marketing for patient engagement 

Defining "marketing" in the HIPAA context

The HIPAA privacy rule's perspective on marketing

According to the HIPAA privacy rule, marketing is defined as making "a communication about a product or service that encourages recipients of the communication to purchase or use the product or service." Such communication requires patient authorization unless certain exceptions, like providing treatment advice, apply.

The exceptions to the marketing definition

There are instances where communications aren't deemed marketing under HIPAA. For example, a hospital announcing new services or a health plan describing its benefits aren't considered "marketing" within the HIPAA framework.

Unauthorized use of patient data

When a healthcare provider sells a list of its patients for third-party promotions, it squarely falls under HIPAA's definition of marketing. Such actions necessitate patient authorization. 

The gray areas

There are specific scenarios where the line between marketing and general communication blurs. For instance, a pharmacy sending prescription refill reminders or a primary physician recommending a specialist isn't classified as "marketing" under HIPAA. 

Best practices for HIPAA compliant digital marketing

Understand HIPAA's digital footprint

The first step towards HIPAA compliant marketing is understanding the rules. HIPAA regulations dictate how PHI can be used in marketing campaigns. Healthcare organizations must be well-versed in these guidelines to avoid potential violations.

Educate your marketing team

Ensuring HIPAA compliance in digital marketing requires an understanding of the regulations across the entire marketing team. Regular training and workshops can keep the information fresh and relevant, empowering marketers to make informed decisions.

Implement strict data controls

PHI should never be used in marketing without explicit patient authorization. Healthcare organizations must secure all patient data and ensure only authorized personnel can access it. Any data used in marketing campaigns should be thoroughly vetted to prevent the inadvertent disclosure of PHI.

Opt for explicit patient consent

Even if an activity might fall into a gray area, healthcare organizations should always err on the side of caution. Seeking explicit patient consent before using any of their data in digital marketing efforts is the surest way to maintain HIPAA compliance.

Partner with HIPAA compliant marketing agencies

If a healthcare organization collaborates with external marketing agencies, it's necessary to ensure partners are well-versed in HIPAA compliant marketing best practices. A business associate agreement, outlining their commitment to protecting PHI, is a must-have.

Choose email for higher engagement rates

The average open rate for healthcare-related email campaigns is 41.23%, making it one of the highest-performing industries in terms of email engagement. This high open rate can be attributed to the personalized content that healthcare organizations provide. 

In contrast, organic reach and engagement on social media platforms are significantly lower averaging between 0.45% to 1.7%, according to Hootsuite’s average engagement rates for 12 industries. 

Furthermore, social media algorithms can amplify “inherent human biases for learning from prestigious or in-group members,” promoting “misinformation, as it doesn’t discern the accuracy of the information,” explains Neuroscience News. Therefore, providers should use HIPAA compliant email marketing to avoid the potential pitfalls of social media algorithms and ensure patients receive reliable health information. 

Partnering with HIPAA-savvy marketing experts

HIPAA compliant marketing can feel overwhelming, but you don’t have to do it alone. By partnering with healthcare marketing experts like Paubox who understand the intricacies of HIPAA, you can create smart, compliant campaigns that protect patient privacy and drive results. 

How Paubox simplifies HIPAA compliant marketing

Paubox offers a cutting-edge HIPAA compliant email marketing platform, designed specifically for healthcare organizations to securely engage with patients. Unlike other marketing platforms, Paubox eliminates the need for cumbersome portals and extra steps, allowing patients to receive encrypted, personalized emails directly in their inboxes. By integrating PHI into email marketing campaigns, Paubox ensures healthcare providers can send appointment reminders, health updates, or promotional messages without compromising compliance.

In addition, Paubox is HITRUST CSF certified, offering the highest level of security and compliance in the healthcare industry. This allows healthcare marketers to maintain patient trust while using email marketing to foster stronger relationships and better health outcomes.

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

In the news

In 2017, the medical center Allergy Associates of Hartford was fined $125,000 by the U.S. Department of Health and Human Services (HHS) for a HIPAA violation. The violation occurred when a physician improperly disclosed a patient’s protected health information (PHI) to a local news reporter. The patient had filed a complaint with a local television station about the clinic’s services, and in response, the doctor provided the reporter with the patient’s PHI without the patient’s authorization.

This case demonstrates a HIPAA violation because the medical center shared PHI for a purpose that did not fall under any of HIPAA's permissible uses, such as treatment or healthcare operations, and it failed to obtain the patient's authorization for the disclosure.

The incident serves as an example of how improper handling of PHI for non-compliant purposes, even in public relations or marketing situations, can lead to significant penalties.

FAQs

Is HIPAA compliant email marketing effective?

Yes, HIPAA compliant email marketing allows direct, personalized communication with patients, ensuring messages are relevant and timely, which increases engagement and satisfaction. 

How can providers ensure their email marketing is HIPAA compliant?

Providers can ensure HIPAA compliance by using a secure platform, like Paubox, which offers encryption and two-factor authentication to safeguard patients’ protected health information (PHI).

Can email marketing improve patient engagement?

Yes, providers can use HIPAA compliant emails to send personalized content like health tips, appointment reminders, and updates to keep patients informed and engaged. Additionally, providers can track patient engagement metrics to measure the effectiveness of their communication strategies.

See also: HIPAA Compliant Email: The Definitive Guide