Published | 4 min read
Key Takeaways
- HIPAA requires authorization for marketing activities that involve the use or disclosure of Protected Health Information (PHI).
- The authorization must include written consent with proper identification, detail the purpose of disclosure, and use or disclosure limitation, if applicable.
- Look for a healthcare digital marketing agency that has experience adhering to HIPAA practices.
HIPAA-compliant healthcare marketing is an important aspect of any healthcare organization, but it's crucial to ensure that all marketing efforts comply with HIPAA regulations. The Health Insurance Portability and Accountability Act (HIPAA) was enacted to protect patient privacy and security in healthcare, including the use and disclosure of each person's protected health information (PHI).
Let's take a look at what HIPAA requires for healthcare marketing, including the necessity for patient authorizations. We'll also discuss the importance of finding a healthcare marketing agency that has experience working with hospitals, medical practices, and other caregivers.
Understanding HIPAA Requirements for Patient Authorizations
Did you know that individual authorization must be received before using PHI for marketing? Too many healthcare providers and the medical marketing companies they work with don't.
HIPAA requires medical practices to obtain patient authorizations before using or disclosing their PHI for marketing purposes. "Marketing" refers to any communication about a product or service that encourages recipients to purchase or use it.
This includes promoting any healthcare product or service to patients, as well as sending marketing materials to other medical practices and hospitals on behalf of the organization.
Getting Healthcare Marketing Authorization
Patient authorizations must meet specific requirements under HIPAA. They must be in writing, signed by the patient, and include the following information:
- A description of the PHI to be used or disclosed for marketing purposes
- The name of the entity authorized to use or disclose the PHI
- The names of any third parties that may receive the PHI
- An expiration date or event that will end the authorization
- A statement that the patient has the right to revoke the authorization in writing
Healthcare organizations must also provide patients with a copy of the authorization and retain the original in the patient's medical record. They should then give healthcare marketing companies a list that only includes patients who have agreed to be marketed to.
Remaining HIPAA Compliant with Healthcare Marketing
Marketing is a common reason that healthcare providers get in trouble with the Office for Civil Rights (OCR), the government division that enforces HIPAA rules. But poor marketing isn't the only reason healthcare organizations get in trouble.
To remain compliant with HIPAA, let's review some more tips that medical practices should consider. The best healthcare marketing agencies should already be implementing many of these.
Conduct Regular Employee Training
Staff members who handle PHI should be trained on HIPAA regulations, including patient authorization requirements for healthcare marketing. Training should also include how to handle PHI securely and how to report any suspected violations.
Review Marketing Materials for Compliance
Before sending any marketing materials to patients or other healthcare providers, healthcare organizations should ensure that they comply with HIPAA regulations. This includes reviewing the content received from a healthcare digital marketing agency to ensure that it does not include any PHI that has not been authorized for use or disclosure.
Keep Accurate Records of Patient Authorizations
Medical practices should maintain accurate records of patient authorizations for marketing purposes, including the date the authorization was signed, the expiration date, and the specific PHI that was authorized for use or disclosure.
Monitor Third-Party Vendors
If a healthcare organization uses a third-party healthcare marketing agency, it's essential to ensure that the vendor also complies with HIPAA regulations. The best healthcare marketing agencies will have appropriate safeguards in place to protect PHI.
Working With a Healthcare Digital Marketing Agency
One helpful way to stay HIPAA-compliant with marketing efforts is to work with a HIPAA-compliant marketing agency that's familiar with the rules for both traditional and digital advertising. This can help medical practices ensure that their marketing efforts comply with HIPAA regulations and avoid the severe consequences of noncompliance.
Healthcare Marketing Agencies Must be Effective and Legal
A HIPAA-compliant marketing agency can help medical practices develop effective marketing campaigns that protect patient privacy and security. Medical marketing specialists can also help with obtaining patient authorizations that meet HIPAA requirements, reviewing marketing materials for compliance, maintaining accurate records of patient authorizations, and monitoring any third-party vendors used for marketing purposes.
A Healthcare Marketing Agency Saves Time and Resources
Working with a HIPAA-compliant healthcare marketing agency can also help healthcare organizations save time and resources by outsourcing their marketing efforts to a team of experts. This can be particularly helpful for smaller medical practices that may not have the staff or resources to manage their healthcare marketing efforts in-house.
Be Careful When Hiring Healthcare Marketing Agencies
Healthcare organizations must comply with HIPAA regulations when using or disclosing PHI for marketing purposes. This means working with healthcare marketing companies that also complies.
Patient authorizations must meet specific requirements, including being in writing and including essential information about the PHI to be used or disclosed. By implementing the tips outlined in this article, medical practices can remain compliant with HIPAA regulations and protect patients' privacy and security.