An opt-out mechanism in healthcare marketing protects patient privacy and allows compliance with regulations like HIPAA, HITECH, and CAN-SPAM.
What is an opt-out mechanism?
HIPAA’s Privacy Rule defines marketing as making “a communication about a product or service that encourages recipients of the communication to purchase or use the product or service.”
When sending emails or text messages meeting the definition of marketing set by HIPAA, these communications also fall under the definition of commercial electronic messages under CAN-SPAM.
An opt-out mechanism is necessary under CAN-Spam Section 7704, which states that “a recipient may use to submit, in a manner specified in the message, a reply electronic mail message or other form of Internet-based communication requesting not to receive future commercial electronic mail messages from that sender at the electronic mail address where the message was received…”
Ultimately, patients must be given a clear and conspicuous way to opt out of future messages. The opt-out should be sent at the same time as the initial marketing and should be easy to use.
Related: Why HIPAA compliance requires opt-out mechanisms
Why the opt-out mechanism is important in healthcare marketing
Guarding patients’ most private information
Patient-protected health information (PHI) is deeply personal. Using this information for marketing without clear consent or in ways the patient might not be comfortable with can feel invasive. An opt-out mechanism ensures that patients can control how their information is used and can refuse communications if used in ways they did not expect.
Preventing annoying and unwanted messages
Healthcare marketing sometimes targets patients based on sensitive medical conditions or treatments. Receiving repeated, irrelevant, or unwanted messages can be annoying. An opt-out option allows patients to block these communications.
Staying on the right side of HIPAA
HIPAA compliant email marketing involving PHI requires authorization, and ongoing communications must provide an easy way for patients to opt-out if they change their minds. Without this, organizations risk noncompliance, potentially facing hefty fines.
Limiting commercialization in sensitive areas
The HITECH Act prohibits using health data for marketing when financial incentives are involved without explicit authorization. Many patients feel uncomfortable with their health information being used for profit. An opt-out mechanism gives them the power to stop this kind of financially motivated marketing.
Complying with CAN-SPAM for email and digital marketing
Healthcare marketers must also comply with the CAN-SPAM Act which requires clear and functional opt-out mechanisms for all commercial emails. Failing to honor results in an invitation of penalties.
FAQs
What are commercial emails?
Promotional messages are sent to advertise products or services to consumers.
What is an opt-in mechanism?
Requires individuals to give explicit permission before receiving marketing communication.
What is informed consent?
Individuals are fully informed about the purpose and details of an action before agreeing to it.
Kirsten Peremore
