In the healthcare industry, marketing teams must balance effective promotional strategies with the strict requirements of the Health Insurance Portability and Accountability Act (HIPAA). Marketing teams should understand rules regarding tracking technologies, marketing emails, and advertising, alongside general marketing best practices.
Understanding the scope of HIPAA regulations
HIPAA's definition of protected health information (PHI) includes a wide range of data, such as names, addresses, user IDs, IP addresses, and information gathered through marketing technologies like pixels and cookies. The broad interpretation requires healthcare organizations to exercise caution when collecting, storing, and using any data connected to an individual's health status or medical history.
Additionally, in December 2022, the Department of Health and Human Services (HHS) issued a bulletin providing strict guidance on the use of third-party cookies, pixels, and other tracking tools by healthcare entities. The bulletin expanded the definition of PHI, indicating that tracking technologies on websites and mobile apps accessible without user login could potentially violate patient privacy.
The American Hospital Association (AHA) has challenged this interpretation, filing a lawsuit against HHS in November 2023. While HHS updated its guidance in March 2024 in response to the litigation, the AHA has criticized the modifications as "cosmetic," stating that the revised bulletin still suffers from "the same basic substantive and procedural defects as the original one." The ongoing legal battle shows the need for healthcare organizations to remain vigilant and adaptable in their approach to HIPAA compliance.
Read more: What is HIPAA?
Navigating the pitfalls of traditional advertising platforms
Popular advertising platforms like Facebook, Google, and LinkedIn Ads pose HIPAA compliance risks for healthcare organizations. These platforms generally do not offer the option to sign a business associate agreement (BAA), a contract required by HIPAA to ensure the proper handling of PHI. Additionally, many platforms, including Google Analytics, explicitly prohibit using PHI data within their products.
Rethinking retargeting strategies
While running retargeting campaigns is not entirely impossible under HIPAA, it requires meticulous planning and execution. Healthcare marketers should consider the following steps to minimize compliance risks:
- Remove marketing pixels from password-protected apps and websites: This includes patient portals and other areas where PHI may be present.
- Strip data of PHI traces before pushing to ad networks: Eliminate any unique identifiers or data that could allow an individual to be identified.
- Create broad, non-personalized remarketing campaigns: Avoid targeting based on specific health conditions or other sensitive information.
- Use a secure tag management system: This provides greater control over the information shared with ad platforms.
Even with these precautions, the compliance of retargeting campaigns will depend on the healthcare organization's area of specialization; the narrower and more sensitive the subject, the greater the risk of inadvertently disclosing PHI.
Read also: Are retargeting ads HIPAA compliant?
Embracing a first-party data strategy
To mitigate the compliance risks associated with popular advertising platforms, healthcare organizations should consider transitioning to a first-party data strategy. This approach involves building and maintaining a secure, HIPAA compliant data ecosystem that allows for more effective and privacy-focused marketing activities.
Benefits of a first-party data ecosystem
- Better compliance: Operating on first-party data helps healthcare organizations comply with HIPAA and other data protection regulations, as the data remains under their control.
- Improved accuracy and relevance: First-party data is more accurate and relevant because it is obtained directly from patients and customers.
- Enhanced personalization and segmentation: Using PHI in a secure data ecosystem enables more granular targeting and personalization of marketing messages.
- Increased customer engagement: The direct relationships and trust built with patients and customers create opportunities for optimizing the digital experience.
Identifying HIPAA compliant marketing partners
When selecting marketing vendors and platforms, healthcare organizations must work with companies willing to sign a BAA, which outlines the responsibilities of both parties to protect PHI and comply with HIPAA guidelines, including data encryption, private hosting, and data minimization.
In addition to a BAA, healthcare organizations should look for other security features in their marketing tools, such as:
- User authentication methods, including multi-factor authentication
- Access controls based on employee job functions
- Audit logs to monitor data access
- Encryption for PHI
Related: The 3 main steps in healthcare email marketing
Exploring compliant alternatives to traditional advertising
While companies can engage in HIPAA compliant marketing, healthcare organizations should consider alternative advertising strategies that do not involve using PHI or third-party data sharing.
Search engine advertising (SEA)
Search engine advertising, which relies primarily on keyword searches, is generally allowed under HIPAA. Healthcare organizations can use SEA to promote their services without disclosing sensitive patient information.
Contextual advertising
Contextual advertising, which targets users based on the content they consume rather than their personal data, can be a HIPAA compliant alternative to traditional retargeting. Aligning ads with relevant healthcare-related content allows organizations to reach their target audience without compromising patient privacy.
Optimizing the patient experience
Focusing on improving the overall patient experience through personalized content, streamlined appointment scheduling, and educational resources helps healthcare organizations build trust and engagement without relying on invasive data collection or advertising practices.
See also: How to create an effective email marketing strategy?
Paubox’s solution
Paubox assists with HIPAA compliant email marketing by offering a secure platform designed specifically for healthcare providers. Paubox Marketing enables the creation of personalized and segmented email campaigns while complying with HIPAA regulations. Paubox Marketing includes features like secure storage of ePHI, customizable email templates, and advanced analytics to monitor campaign performance. With this software, healthcare organizations can enhance patient engagement, improve communication, and achieve 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
What is segmentation in marketing strategy?
Segmentation in marketing strategy involves dividing a broader market into smaller groups of consumers with similar needs or characteristics to tailor marketing efforts more effectively.
What is advanced segmentation in email marketing?
This refers to creating highly specific groups within your audience based on a set of nested conditions, like purchase activity, gender, or age. It allows for more targeted and efficient campaigns.
Learn more: HIPAA Compliant Email: The Definitive Guide
Farah Amod
