HIPAA Compliance for Medical Marketing

Establishing a long-lasting digital presence is difficult in any industry, especially when considering the sheer volume of ads online users are inundated with on a daily basis. To say it is difficult to stand out as a small business would be an understatement, yet to stand out as a healthcare provider is somehow even more difficult. With such strict regulations surrounding patient confidentiality, healthcare providers often fail to maximize their marketing potential because they avoid implementing digital marketing strategies. While it may seem impossible to create a lasting digital presence with so many regulations, in reality, it’s quite achievable with the correct set of guidelines.

What Regulations Impact Medical Marketing?

The two main regulations that impact medical marketing are HIPAA and PHI, although they both work hand in hand. HIPAA, or the Health Insurance Portability and Accountability Act, dictates the way individuals can work with any sort of patient health information or PHI. PHI covers a range of information that could identify a patient. While more obvious identifiers such as names, medical history, or phone numbers would fall into this category, more obscure details such as appointment information or medications qualify as PHI as well.

It should be noted that HIPAA does not simply apply to doctors but extends to any entities or business associates that work with PHI on their request. That, of course, includes any marketing agencies hired to create digital content for a doctor’s office or any other type of healthcare provider.

How Does HIPAA Compliance Affect Medical Marketing Strategies?

Just as PHI includes more information than you might initially think it would, HIPAA affects more than you think, especially when considering marketing campaigns. Because HIPAA applies to any PHI, it is typically in effect with any commonly used marketing tactics. Strategies such as patient testimonials, targeted emails based on past services, and even internal presentations must be altered so as not to create a HIPAA violation. However, there are still a number of valid HIPAA-compliant strategies that healthcare marketers can employ; these strategies just have to be navigated with an additional layer of attention and care. For example, PHI can be used in marketing materials so long as the provider has secured specific and revocable written consent from the patient before using the content.

Even with written consent, the best practice for posting content relating to a patient is to minimize as much identifying details as possible. Stay away from posting names, showing faces, or any other identifying information; instead, focus on data or other health-related topics. Similarly, monitor your social accounts carefully, ensuring that you are not soliciting patient information in giveaways and that your patient is not being referenced in comments. When there is a need to engage in comments, keep it brief and avoid referencing health history. Lastly, but perhaps most importantly, closely monitor your email campaigns and security. Keep your email lists targeted and confirm that your subscription lists are always up to date. An easy way to ensure HIPAA compliance is to provide a way for patients to automatically unsubscribe from your email list if they wish.

From prioritizing data security to conducting ongoing employee trainings, there are certainly a variety of ways to ensure that you can create an effective digital presence while remaining HIPAA-compliant. Work with the team at MedShark Digital to learn more.