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What is HIPAA-Compliant Email Marketing?

Tuesday, January 14th, 2025

Incorporating HIPAA compliant email marketing into healthcare marketing practices offers a powerful avenue to engage patients and promote services by using a specifically designed healthcare marketing solution that is 100% HIPAA compliant.

It is imperative to ensure that email marketing communications comply with the Health Insurance Portability and Accountability Act (HIPAA) to protect patient privacy and secure protected health information (PHI).

If you are one of the 92% of Americans with an email address, you are likely familiar with email marketing. It is a tried and true marketing strategy that delivers a superior return on investment compared to other digital channels. However, when healthcare organizations want to utilize these strategies, out-of-the-box solutions are not a good fit. Healthcare organizations must utilize email marketing platforms specifically designed to meet HIPAA’s unique privacy and security requirements.

When Do You Need a HIPAA-Compliant Email Marketing Platform?

Healthcare organizations are required to use a HIPAA-compliant email marketing platform because their messages often contain electronic protected health information (ePHI). This includes information that is both individually identifiable and relates to someone’s healthcare.

Individually identifiable information includes identifiers like a patient’s name, address, birth date, email address, social security number, and more. By default, every email marketing communication includes the patient’s email address and is, therefore, individually identifiable. Not only does the definition of ePHI cover people’s past, present, and future health conditions, but it also includes treatment provisions and billing details. This information is often contained in email marketing messages.

While the law does not cover anonymous health details or individual identifiers sent by themselves, you must be careful and abide by HIPAA regulations when the two are brought together. You will need a HIPAA-compliant email marketing service whenever you send ePHI. As we will see, even if you think an email may not contain ePHI, it is still best to be cautious.

Types of HIPAA-Compliant Email Marketing Communications

An excellent example of an email blast that must comply with HIPAA is a newsletter sent to a clinic’s cancer patients. At first glance, the email doesn’t contain any specific PHI. It doesn’t mention Jane Smith’s chemotherapy treatments, other specific patients, or their medical information. However, upon closer look, it may violate HIPAA regulations.

Every email in this campaign contains a personal identifier- the patient’s email address. In this example, only cancer patients received the newsletter, which also tells you personal medical information. A hacker could infer that anyone who received this email has cancer, which is ePHI and protected under HIPAA. If you use a medical condition to create a segment of email recipients, the email campaign must comply with HIPAA.

Sometimes, it can be challenging to identify if an email contains ePHI. If you sent the same practice newsletter to a list of all current and former medical clinic patients, it may or may not contain ePHI. Even if the newsletter contained benign info about the practice’s operating hours or parking information, if the practice is centered around treating a specific condition like cancer or depression, it may be possible to infer information about the recipients regardless of the message.

There are a lot of gray areas, and it can be difficult to determine if an email contains PHI. We recommend using HIPAA-compliant email marketing for any promotional materials to reduce the risk of violations.

The Benefits of Using a HIPAA-Compliant Marketing Platform

After reading this, you may think the answer is to avoid sending PHI in email campaigns. However, by keeping your communications bland, generic, and broadly targeted, you miss out on significant opportunities to engage your patients.

Using a HIPAA-compliant email marketing solution, you can leverage ePHI to send much more effective messages. In the above example, cancer patients actively receiving treatment at your clinic are much more likely to be interested in your business updates. Targeted emails receive much higher open and click rates than those sent to a general list.

Results of leveraging PHI

Sending the right information to your patients at the right time is an effective patient engagement strategy. Think about it using an e-commerce example- when a retailer sends you product recommendations based on past purchases; they use your data to influence future purchasing decisions. By utilizing patient data to create highly relevant and personalized campaigns and offers, you receive a better return on investment in your efforts.

What is Required for HIPAA-Compliant Email Marketing?

Finding the right HIPAA-compliant email marketing platform can be challenging. Most of the common vendors aren’t HIPAA-compliant at all. Others claim compliance and will sign BAAs to protect your information at rest but still will not enable you to send PHI via email. Finding a provider that suits your business needs and protects the email messages requires careful vetting.

Generally speaking, a HIPAA-compliant email platform must meet three broad requirements:

  1. The vendor will sign a Business Associates Agreement that outlines how they will protect your data and what happens in case of a breach.
  2. The vendor protects the data at rest using appropriate storage encryption, access controls, and other security features.
  3. The vendor protects messages in transit using an appropriate level of encryption with the proper ciphers.

Thankfully, LuxSci’s Secure Marketing email platform has been designed to meet the healthcare industry’s unique needs. Our platform was built with both security and compliance at the forefront. With Secure Marketing, organizations can send fully HIPAA-compliant email marketing messages to the right patients at the right time and receive a better return on their marketing investment.

HIPAA Compliance Checklist

Saturday, January 11th, 2025

Our HIPAA compliance checklist was designed to help organizations understand their obligations under the law. The checklist items are not a complete list, just a starting point for your compliance program. HIPAA requires a yearly risk analysis to identify new vulnerabilities. Any business process change or new technology usage introduces new risk into an organization’s security program, so it’s important to review the standards regularly.

hipaa compliance checklist

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Healthcare Marketing Trends

Thursday, January 2nd, 2025

Here are some healthcare marketing trends you should consider adopting.

Email Deliverability 

Thanks to Google and Yahoo, significant changes happened for email marketers in 2024. As we’ve previously written about, Google and Yahoo are implementing new requirements for bulk email senders that will involve a lot of coordination and effort for marketers. Beyond the initial implementation of technical requirements like SPF, DKIM, and DMARC records, marketers must pay close attention to their spam rates in the future. Keeping your spam reports below 0.3% will be essential to ensure that Google and Yahoo aren’t blacklisting your emails. Marketers must keep their email lists clean, craft relevant campaigns, and use technology to remove unengaged contacts promptly. Over two billion people use Google or Yahoo as their email provider, so adopting these standards is not optional.

 

Artificial Intelligence

Healthcare marketers are also looking at ways to use artificial intelligence to save time and automate processes with tools like ChatGPT, DALL-E, and Midjourney. Now, marketers are seriously evaluating tools that can assist with business processes like copywriting, graphic design, data analysis, and other functions.

 

However, it’s essential to carefully vet any artificial intelligence tool if you plan to use it in your marketing efforts. What data sets is it trained on? Are they biased? Some tools introduce legal compliance risks, and it’s essential to understand the risks thoroughly.

 

Trust is essential in healthcare marketing, and relying too heavily on AI tools can create a negative patient experience. AI tools should not replace marketers. At best, these tools can help marketers complete their work. Guardrails are required when it comes to AI tools, and healthcare marketers should be cautious to ensure their brands are well-represented by the output of these tools.

 

Automation and APIs

Another way to save time and measure results is using APIs and automation. Many marketers are turning to automation tactics to streamline operations in the face of increasing budgetary pressure. Advanced email marketers can use email APIs to trigger email campaigns when specific criteria are met and use dynamic content to personalize the email content. These tactics make email marketing scalable and ensure your audience receives the proper communications at the right time. 

 

APIs can also be used to organize the results of your marketing efforts. Email APIs can deliver data about your campaigns (delivery status, open and clicks, unsubscribes, etc.) back into your marketing dashboards and databases. This is a way to help you make informed decisions and improve your marketing results. Expect to see more marketers embrace automation alongside AI tools this year. 

 

Personalization

Personalization continues to be extremely important to successful healthcare marketing efforts. This is a challenge for healthcare providers because they must comply with HIPAA regulations in their email communications. Luckily, with the right tools and patient permission, it’s possible to personalize emails to create relevant campaigns. When healthcare marketers have access to zero-party patient data and the right tools to execute, they can go beyond practice newsletters to create email campaigns that deliver results.

 

One bonus personalization tip- create culturally competent emails and use the patient’s preferred language. Healthcare communications should not leave anyone behind. With the right tools, it’s easier than ever to segment your audience based on their language preferences and create alternate content that resonates. 

 

Proving Impact and Delivering ROI

Healthcare providers continue to face a challenging economic situation and may be forced to cut marketing budgets. Although some advertising channels may be forced to take a hiatus, email marketing should not be one of them. Not only do patients want to receive marketing communications via email, but email marketing also delivers one of the best returns on investment compared to other channels.

 

However, the way we track and measure the impact of marketing campaigns must also change. In 2024, open rates are unreliable indicators of marketing success. Apple Mail’s privacy features and the increasing prevalence of email filtering and spam tools mean that marketers will need to rely on different metrics to judge the success of their campaigns. Tracking the clicks and what actions users take in other channels after receiving the email is crucial to understanding the effectiveness of your campaigns. Also, keeping email lists clean and removing unsubscribed and inactive users is more important than ever to keep your IP addresses from being throttled. 

7 Ways You Could be Unknowingly Violating HIPAA

Wednesday, August 14th, 2024

Non-compliance with HIPAA can easily lead to unintended breaches where data is exposed to unauthorized parties. This can be very expensive! Violating HIPAA can cost anywhere from $100 to $50,000 per violation (or per data record).

You don’t want to be caught in a situation where inaction, neglect, or lack of knowledge can result in violating HIPAA. Many small and large organizations are often unknowingly using systems in a way that is either already in breach or which results in frequent sporadic breaches.

Check your organization!

If any of the following scenarios apply to you, it is worth bringing them up the person responsible for compliance (your HIPAA Security Officer) to include in your mandatory yearly Risk Analysis.  Is the risk of breach worth continuing with “business as usual?”

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17 Questions To Ask Before Sending A HIPAA-Compliant Marketing Email

Saturday, April 20th, 2024

You’ve just been told that your email marketing program is putting your company at risk of violating HIPAA. What now? If you want to continuing using email to communicate with patients, you must implement HIPAA-compliant email marketing.

Start by breaking down that goal into two components: becoming HIPAA-compliant and achieving your HIPAA marketing objectives. Setting up HIPAA-compliant systems and procedures will ensure your patient data is protected. However, you don’t have to let your marketing objectives suffer for the sake of security. Implementing a HIPAA-compliant marketing program can actually help you achieve better marketing results.

Ask yourself these 17 questions to ensure your email marketing plan aligns with your business goals and HIPAA.

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