As a healthcare provider, therapists must find a delicate balance between growing their private practice and safeguarding the privacy of their clients. The Health Insurance Portability and Accountability Act (HIPAA) serves as the primary regulatory framework governing the protection of patient information and can impact how therapists market their services.
Understanding the basics of HIPAA privacy rules
Protected health information
HIPAA establishes strict guidelines for protected health information (PHI), which encompasses any information that could be used to identify a patient, including names, birthdates, contact details, and even details about employment. Therapists must exercise caution when handling sensitive data, ensuring it is not inadvertently disclosed in marketing materials.
Accidental disclosures can result in data breaches or fines from the Office of Civil Rights.
Covered entities
HIPAA applies to all covered entities, which includes any organization that handles sensitive health information. It states requirements and safeguards providers must use when communicating with patients. Additionally, business associates, such as marketing agencies or digital platforms used by the practice, must also comply with HIPAA standards.
Ethical marketing strategies for therapists
Obtain signed consent
If you plan to include client experiences in marketing, you must first obtain a signed consent form, outlining the specific PHI to be used, who will have access to it, the purpose of its use, and the client's right to revoke the authorization.
Remove identifying information
An alternative approach is to de-identify patient information by removing all traces of the client's identity, including names, locations, and other potentially identifying details, allowing providers to share anonymized patient stories or experiences without consent.
Focus on expertise
To avoid risks associated with using PHI in marketing, focus on clinical expertise, research, and professional values.
Leveraging HIPAA compliant digital marketing platforms
Therapists can use software and tools to streamline their marketing efforts, however, not all platforms are HIPAA compliant, as they may not offer the necessary safeguards or business associate agreements (BAAs) to protect patient data.
Crafting compelling, HIPAA compliant content
Share expertise and resources
One HIPAA compliant marketing strategy is to create content that showcases clinical expertise, knowledge, and professional values. Practitioners can create blog posts, social media graphics, or educational resources.
Optimize for search and visibility
Incorporate relevant keywords and search engine optimization (SEO) techniques to improve the discoverability of content, making it easier to attract prospective clients.
Leverage thought leadership opportunities
Responding to media inquiries or contributing to industry publications positions yourself as an expert without sharing client information. Carefully vet opportunities to ensure they align with your compliance obligations.
Related: HIPAA compliant email newsletters: tips and best practices
Paubox’s suggestions
When it comes to HIPAA and healthcare email marketing:
- Healthcare marketing emails must abide by HIPAA regulations.
- Patients must authorize marketing email communications.
- Use Paubox Marketing to send personalized marketing emails including PHI - or better yet, cover your bases and use it for all marketing emails.
See also: HIPAA compliant email marketing: What you need to know
In the news
Social media platforms can become a minefield for HIPAA violations. In the case of Manasa Health Center, a psychiatric service provider disclosed a patient's protected health information in response to a negative online review, a clear breach of the HIPAA privacy rule.
As Melanie Fontes Rainer, the Director of the OCR stated, "The OCR continues to receive complaints about health care providers disclosing their patients' protected health information on social media or the internet in response to negative reviews. Simply put, this is not allowed."
The Manasa Health Center incident resulted in a $30,000 settlement and the implementation of a corrective action plan.
FAQs
Does HIPAA apply to marketing communications for therapists?
Yes, HIPAA applies to any marketing communications that involve PHI.
Do I need client consent to use their information in marketing?
Yes, explicit written consent is required from clients before using their PHI in marketing communications. Clients must be informed about how their information will be used and have the option to opt out.
How can therapists ensure their marketing communication remains HIPAA compliant?
Therapists should use secure, encrypted marketing platforms, obtain explicit client consent, include appropriate disclaimers, regularly update security measures, and avoid including sensitive PHI in marketing materials.
Learn more: HIPAA Compliant Email: The Definitive Guide
Farah Amod
