Avoid These 5 Healthcare Marketing Mistakes – Ep 477 

Healthcare marketing is tricky enough without tripping over the big pitfalls that could leave you tangled up in HIPAA violations or a patient privacy disaster. Today we break down five common marketing mistakes you definitely want to steer clear of. From misinterpreting HIPAA rules to guarding patient data like it’s your grandma’s secret cookie recipe, these blunders can get you into serious trouble. We’re here to help you navigate these common missteps and protect your business from unnecessary risks.

In this episode:

Avoid These 5 Healthcare Marketing Mistakes – Ep 477

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HIPAA for MSPs with Security First IT

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Avoid These 5 Healthcare Marketing Mistakes

1. Not Understanding HIPAA regulations

• Learn how HIPAA applies to your marketing efforts – OCR HIPAA Privacy – Marketing
  • What is “Marketing”? The Privacy Rule defines “marketing” as making “a communication about a product or service that encourages recipients of the communication to purchase or use the product or service.” Generally, if the communication is “marketing,” then the communication can occur only if the covered entity first obtains an individual’s “authorization.”
• Train marketing staff on what PHI is
• Train staff on how to avoid an impermissible use or disclosure and what processes to follow should that happen
• Don’t assume a marketing vendor will understand HIPAA
• Your marketing vendor may be a Business Associate because of the work they do for you
• Understand what communications are marketing and what are not. Not marketing:
  • Communications about health-related products or services provided by the covered entity:
    • An insurance provider sharing information about entities in its network
    • A hospital announcing new specialty services or equipment to current patients
    • A health plan informing subscribers about Medicare supplemental plans
  • Communications for treatment purposes:
    • A pharmacy sending prescription refill reminders to patients
    • A primary care physician referring a patient to a specialist
    • Providing free samples of prescription drugs
  • Communications for case management or care coordination:
    • An endocrinologist sharing patient information with behavior management programs to determine the best fit
    • A social worker sharing medical records with nursing homes when trying to transfer a patient
  • Communications that promote health in a general manner:
    • Reminders for annual health screenings (e.g., mammograms)
    • General health education or disease prevention information
    • Information about support groups or organ donation
  • Communications about government-sponsored programs:
    • Information about government-sponsored programs like Medicare or Medicaid
  • Communications about health plan enhancements:
    • An insurance provider informing enrollees about improvements to their health plan
  • Care coordination

2. Not Obtaining patient consent

• Explain the purpose of the consent, what info will be used or collected, how will it be used, etc.
• Document patient consent IN WRITING (or digitally signed)
• Have a process for patient consent withdrawals

3. Not Safeguarding patient data

• Protect the ePHI no matter where it flows
• Use MFA and strong passwords to login to marketing sites
• Use encryption is storing data in databases or servers
• ePHI in marketing should be part of an accurate and thorough risk assessment

4. Not Using secure online platforms (or vendors)

• If your marketing vendor is a BA, they must sign a BAA and follow HIPAA themselves
• If you’re storing ePHI online, the software vendor is a BA and must be HIPAA compliant
• Even if the vendor signs a BAA, make sure the software is configured correctly to adhere to HIPAA standards

5. Not Securing website forms and communication

• Be mindful of how you can and can’t respond to social media posts and online reviews
• If you are collecting ePHI through your website, is it a secure and HIPAA compliant manner
• Have a marketing plan and strategy that takes into account security and HIPAA… and follow it
• Have your NPP easily accessible and visible on your website

Just like a surgeon needs precision, your healthcare marketing strategy needs to be razor-sharp—are you cutting through the confusion or making the kind of mistakes that could cost you? Whether it’s accidentally skipping patient consent or thinking your shiny new marketing platform has got HIPAA covered (spoiler alert: it doesn’t), you need to stay vigilant, ask the right questions, and always, always protect that patient data like it’s gold.

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