Top 10 Things You Need to Know About HIPAA Compliant Marketing

Is HIPAA holding you back? Today’s healthcare organizations stand to gain huge benefits from carrying out HIPAA compliant marketing campaigns. This includes improved patient and customer engagement, more leads, increased conversions, and better results for your business. However, fears about cybersecurity and compliance lapses too often derail healthcare marketing efforts before they ever reach their intended targets.

By implementing HIPAA compliant marketing, you can safely utilize Protected Health Information (PHI) to deliver highly targeted campaigns that not only engage patients and customers, but also grow your business. At LuxSci, we believe that compliance with HIPAA regulations doesn’t just keep you safe from penalties. Being HIPAA compliant means you’ve put in the proper safeguards to protect data and unlock the power of using PHI to better connect with your patients and customers. This allows you to build trust with your audience while realizing the full potential of personalized marketing engagement.

Get HIPAA Compliant Marketing Right

At LuxSci, we’re leaders in secure healthcare communications, and we know how to leverage PHI safely within HIPAA guidelines to help healthcare organizations thrive. We’ve been doing it for more than 20 years, working with some of the biggest names in the healthcare industry, including Athenahealth, 1800 Contacts, Delta Dental and Rotech medical equipment.

If you’re considering marketing outreach and have questions around HIPAA compliance, here are the top 10 things you need to know before you get started:

1. Understand What Constitutes Protected Health Information (PHI)

PHI includes any personal and health information that can be used to identify a patient or customer, such as names, email addresses, medical conditions and treatment plans—virtually anything related to the health of an individual. When PHI is used in marketing, it falls under HIPAA regulations, requiring extra precautions and ultimately, compliance.

2. Obtain Explicit Patient and Customer Consent

Using PHI for marketing purposes requires explicit consent from the patient or customer. Without proper authorization, you risk violating HIPAA, which could lead to hefty fines and a loss of trust. It’s also important to know that even if you have consent to communicate with a customer or patient, HIPAA compliance requires a separate consent for marketing.

3. Ensure Secure Email Marketing

Marketing emails that involve PHI must be encrypted at all times, end-to-end. Secure email services like LuxSci’s HIPAA compliant marketing solution ensure that your emails are both effective and fully protected from potential data breaches, while helping drive better personalization and improved results.

4. Business Associate Agreements (BAAs) Are Non-Negotiable

If you use a third-party vendor or marketing service that handles PHI on your behalf, they must sign a Business Associate Agreement (BAA). This legally binds them to follow HIPAA regulations, helping you avoid penalties for third-party non-compliance.

5. Train Your Staff on HIPAA Compliance

All team members involved in marketing should be well-versed in HIPAA regulations to prevent accidental breaches of PHI. Regular training and communication help maintain the security of your campaigns.

6. Audit Your Marketing Tools for Compliance

Not all marketing tools are HIPAA-compliant by default. Ensure that your email platforms, text tools, forms, CRM, analytics tools, and other digital marketing solutions adhere to HIPAA compliance standards. There are many effective marketing solutions on the market today, but very few that enable full HIPAA compliant marketing. Make sure you know!

7. Do Not Use Targeted Ads with PHI – Ever!

Using PHI to create targeted ads is a violation of HIPAA regulations. Instead, focus on using de-identified data for marketing campaigns, or forgo targeted advertising altogether to stay safe. Targeted email campaigns are often a safer option and more suitable for personalization.

8. Use HIPAA-Compliant Website Forms

If your website collects patient information, make sure that all forms are encrypted and compliant with HIPAA standards. This protects patient data during the submission process, ensuring that information remains secure. Secure web forms can also accelerate and improve workflows, including medical equipment orders and upgrades, by safely collecting patient and customer data over digital channels.

9. Understand What Marketing Communications Are Exempt

Some communications, like appointment reminders and treatment follow-ups, don’t require explicit patient consent and are not considered marketing under HIPAA. Knowing the difference between what’s marketing and what’s care-related communication can save you from unnecessary complications.

10. Stay Updated on HIPAA Regulations

HIPAA regulations evolve over time. Keeping yourself and your team informed of changes ensures that your marketing remains compliant, protecting your organization from penalties and the reputation damage and loss of trust that can result from a breach.

At LuxSci, We’re Here to Help!

Adhering to HIPAA regulations doesn’t just keep you on the right side of compliance—it also empowers you to use PHI to create more targeted, more personalized marketing campaigns that drive higher engagement, more conversions, and ultimately, better business results. By mastering HIPAA compliant marketing, you can grow your business while safeguarding patient and customer data—all while maintaining trust and creating better connections with your targets.

Want to learn more?

Reach out today for a chat, DEMO or deeper dive into the best HIPAA compliant marketing solution for your business.

 

FAQs

1. What is HIPAA compliant marketing?
   HIPAA compliant marketing refers to marketing efforts that meet HIPAA’s privacy and security standards when dealing with the protected health information (PHI) of patients and customers.
2. Can I use PHI in email marketing?
   Yes, but only if the emails are encrypted in accordance with HIPAA compliance regulations, and you have obtained explicit patient consent to use their PHI for marketing purposes.
3. What is a Business Associate Agreement (BAA), and do I need one?
   A BAA is a contract that ensures any third-party handling PHI follows HIPAA regulations. If you work with outside vendors or marketing agencies, a BAA is mandatory to be HIPAA compliant.
4. What are the penalties for HIPAA violations in marketing?
   HIPAA violations can result in fines, legal action, and significant damage to your organization’s reputation, making compliance essential.