Healthcare organizations must ensure their email newsletters comply with HIPAA by obtaining patient consent, using HIPAA-compliant email platforms with encryption and a business associate agreement (BAA), and providing clear opt-out options. Newsletters should focus on general health tips, avoid PHI in subject lines, and follow HIPAA’s minimum necessary rule.
HIPAA compliant newsletters are marketing materials that may contain personalized information, or PHI, to help encourage patients to receive care or education. The HHS defines PHI as "all ‘individually identifiable health information’ held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral." HIPAA sets strict rules about how PHI can be used, shared, and stored. If newsletters include PHI, they must follow these rules to ensure the privacy and security of patient data.
Read more: HIPAA compliant email marketing: What you need to know
When creating healthcare newsletters, avoid including PHI, unless you have specific patient authorization. The HIPAA minimum necessary rule requires healthcare organizations to share only the least amount of information needed to achieve the communication’s purpose.
If you need to include PHI in your newsletter, such as when sending personalized health advice or marketing specific services to patients, you must obtain written authorization from the patient. HIPAA requires authorization be explicit and detail the type of information being shared, the purpose, and the recipient.
For example, if your clinic wants to send a patient-specific health reminder about their upcoming treatment or follow-up, you will need their permission.
Read more: How to get consent for texting and emailing patients
Not all email marketing platforms are suitable for sending HIPAA compliant newsletters. You must choose a platform that provides encryption and offers a BAA.
A BAA is a contract between the healthcare organization and the HIPAA compliant email marketing service provider, ensuring that the provider will handle any PHI in compliance with HIPAA regulations. Without a BAA, using a third-party platform that can access PHI would be a violation. Consider using Paubox email marketing for secure, reliable, and user-friendly marketing.
Related: The consequences of not having a BAA with an email service provider
Even when you avoid PHI, you still need to ensure the security of your newsletters. All email communications should be encrypted, protecting them from unauthorized access or interception. HIPAA requires encryption to prevent patient information from being compromised. If you must include sensitive information in your emails, encryption ensures that only the intended recipient can view it.
HIPAA, and the CAN-SPAM Act, require healthcare organizations to provide recipients with the option to unsubscribe from newsletters. Make sure every newsletter includes an easy-to-find “unsubscribe” link.
Read more: Opt-out mechanisms in healthcare marketing
Subject lines are often visible even without opening the email, so it’s good practice not to include PHI there. Use generic subject lines like “Health Updates” or “Clinic News” instead of anything that mentions a patient’s specific treatment or condition.
Like any email, healthcare professionals must remain HIPAA compliant when using email marketing. More than 50% of healthcare professionals violate HIPAA requirements, leading to costly fines, loss of reputation, and breaches. Common mistakes healthcare organizations make with newsletters include using PHI without consent, sending emails through non-compliant platforms, and failing to encrypt sensitive information. Avoiding these mistakes will help you stay compliant and avoid the risk of penalties.
Yes, healthcare organizations can send newsletters to non-patients as long as no PHI is shared and proper opt-in consent has been obtained from the recipients.
Using patient images without written consent is a HIPAA violation, even if the image alone doesn’t seem to reveal personal health information.
Internal staff newsletters must comply with HIPAA if they contain any PHI or patient-related information, even when circulated only among employees.