When dealing with patients who have a history of substance abuse disorder (SUD) or mental illness, there need to be restrictions in the way specific matters like marketing are handled. This is where privacy laws come in. They provide a guideline for healthcare providers to handle patient data and patient care in a sensitive yet efficient manner.
SUD and mental health patients are often subject to many stigmas surrounding their illness. At times, this can cause a degree of internalization that hinders a patient's receptiveness to treatment and any marketing efforts from healthcare providers. Chapter 2 of Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change offers the following:
“As people with mental and substance use disorders become aware of public stigma and of related discriminatory practices, they internalize the perceived stigma and apply it to themselves. The effects of self-stigma include lowered self-esteem, decreased self-efficacy, and psychologically harmful feelings of embarrassment and shame. Low self-esteem and low self-efficacy can lead to what Corrigan refers to as the “why try” effect.”
These stigmas can manifest in various ways. Patients may be hesitant to disclose personal struggles or feel a lack of trust in healthcare professionals due to past experiences of judgment or discrimination. As a result, healthcare providers may face barriers in establishing open and honest communication with these patients.
By using empathetic and non-judgmental language in email marketing, healthcare professionals can help reduce stigma and encourage patients to seek help. Sensitivity also involves acknowledging the unique experiences and perspectives of each patient, recognizing their strengths and abilities, and fostering a sense of empowerment and self-worth.
Any content sent should also first be subject to clear patient consent and oversight to assess its relevance. Additionally, email content must be crafted to avoid triggering language or imagery, considering recipients' diverse experiences and vulnerabilities.
See also: HIPAA and substance abuse patients PHI
This applies to covered entities, like healthcare providers, health plans, healthcare clearinghouses, and their business associates.
What does it cover? HIPAA protects the transferred, received, handled, or shared. This includes specific provisions for mental health and SUD patients, with provisions that contain the need for confidentiality and consent before sharing patient information.
Specific provisions
How is it relevant to email marketing? It requires explicit authorization from the patient before using their health information for marketing purposes, including a health-related product or service.
This applies to programs federally funded that provide SUD treatment.
What does it cover? The use and disclosure of SUD patient records are offered further protections to protect patient privacy.
Specific provisions
How is it relevant to email marketing? There is no specific section directly addressing email marketing; however, the stringent consent requirements under §2.31 make it clear that any use of SUD-related information for marketing would require explicit, detailed consent from the patient.
Applies to educational institutions.
What does it cover? FERPA protects student education records, which can include health information held by schools with their health clinics.
Special provisions
The Rights and Privacy provisions apply to educational institutions and afford parents and students over 18 years old ("eligible students") rights to access and control educational records, which can include health information if the school provides healthcare services.
How is it relevant to email marketing? FERPA does not directly address email marketing. Still, its broad mandate requiring parental or eligible student consent before the release of educational records (including health information held by school-based clinics) to third parties implies that any email marketing to students involving their health information would require explicit consent.
According to the Ethical Principles of Psychologists and Code of Conduct, “Psychologists establish relationships of trust with those with whom they work. They are aware of their professional and scientific responsibilities to society and to the specific communities in which they work.”
Additionally the code of conduct states: “Psychologists are aware that special safeguards may be necessary to protect the rights and welfare of persons or communities whose vulnerabilities impair autonomous decision making. Psychologists are aware of and respect cultural, individual, and role differences, including those based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, and socioeconomic status, and consider these factors when working with members of such groups.”
Professionals are tasked with ensuring their communications are always empathetic and supportive. This means carefully crafting messages that are positive, encouraging, and free from any language or content that might inadvertently cause distress or trigger negative responses.
An ethical imperative also lies in the promotion of accurate, honest information. Email marketing avoids overpromising or offering guarantees about treatment outcomes, which can set unrealistic expectations and potentially lead to disappointment or a loss of trust in therapeutic processes. Providers should strive to educate and inform rather than simply push services.
There's also an ethical duty to portray mental health and SUD issues with the dignity they deserve. This approach not only respects the individuality and worth of each patient but also contributes to a broader societal shift towards more compassionate, understanding attitudes towards mental health and substance use challenges.
HIPAA requires patient consent whenever PHI is used for purposes outside treatment, payment, and healthcare operations. This includes the times when PHI might be used in marketing, research, or shared with third parties not directly involved in the patient's care.
Here’s how to ethically obtain consent:
See also: How to get consent for texting and emailing patients
Personalized emails have been shown to have generated 58% of all revenue when compared to non-personalized emails. For Substance Use Disorder (SUD) and mental health patients, personalization can be particularly beneficial, ensuring that the content they receive is relevant and sensitive to their unique health journey. Personalized content can foster a sense of understanding and connection by focusing on the individual's specific circumstances and treatment progress.
The steps to personalization:
See also: How to balance personalization and privacy for HIPAA compliance
Paubox makes sure that all communications meet the strict privacy and security standards required when handling sensitive health information. This allows healthcare providers to send personalized, encrypted emails directly to their patients' inboxes, without the need for them to navigate through portals or enter passwords.
Paubox Marketing can segment email lists based on specific patient information, such as treatment progress, interests, or needs. This enables providers to tailor their messages precisely, ensuring that each patient receives relevant and supportive content. This personalized approach respects and acknowledges each individual's unique journey, making them feel seen and understood.
Privacy laws require third-party marketers to adhere to the same standards as healthcare providers.
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Suppose healthcare providers accidentally violate privacy laws in their email marketing efforts. In that case, they should immediately cease the campaign, notify affected patients, conduct a thorough investigation, and implement measures to prevent future breaches.
Healthcare providers can include testimonials from other patients in their email marketing only if they have obtained explicit, informed consent.