With more than 50% of healthcare professionals failing their HIPAA assessments, it is evident that healthcare professionals face the daunting task of adhering to HIPAA regulations and safeguarding the confidentiality of patients' healthcare data while conducting email marketing. To ensure compliance, healthcare providers must avoid common errors in this practice. Achieving successful and legitimate results requires incorporating several critical factors into one's email marketing strategy, such as obtaining proper consent, using encryption techniques for secure communication, training staff on best practices that align with regulatory requirements, and handling all patient information securely at every point of contact throughout their journey with your organization.
According to the study Ethical Considerations in Digital Healthcare Marketing: Privacy, Consent, and Compliance, email marketing in healthcare carries ethical and regulatory risks. When patient data is used without proper safeguards, consent, or oversight, even well-intentioned campaigns can undermine trust and lead to compliance failures. The following are common mistakes identified in the study that healthcare professionals should avoid when conducting email marketing.
The study stresses that “informed consent serves as the bedrock of ethical medical practices” and is critical in digital communications where personal data is used. It explains that informed consent involves “voluntary and affirmative agreements” and that healthcare providers must ensure patients understand “the implications of sharing their information for marketing purposes.” This means consent must be specific, informed, and not assumed from general treatment forms.
Avoid: Using patient email addresses for marketing without documented, specific consent that clearly explains how the data will be used.
The paper indicates that privacy in the digital age involves securing personal data and protecting both “informational privacy” (data security) and “decisional privacy” (autonomy in health-related decisions). It stresses that compromising patient privacy can lead to a “trust deficit,” especially if sensitive information is not properly protected.
Avoid: Sending marketing emails without adequate security measures, like encryption, or using insecure services that put patient data at risk.
The authors note that digital healthcare marketing must respect compliance with HIPAA and GDPR to protect patient rights. Treating email marketing the same as general commercial marketing ignores these requirements and can undermine legal and ethical standards for handling health data.
Avoid: Managing healthcare email lists as regular marketing databases without incorporating necessary regulatory safeguards.
The study stresses that patient privacy and confidentiality are foundational ethical commitments and that compromising these can weaken trust. Although email marketing rarely needs identifiable health information, sharing personal details without secure systems contradicts ethical digital practice.
Avoid: Personalizing emails with identifiable health details unless using secure, compliant systems designed for PHI.
The article stresses that healthcare organizations must communicate policies clearly and ensure staff understand how data is accessed and shared. It notes that transparency and clear communication strengthen trust between providers and patients.
Avoid: Leaving team members without structured training on consent requirements, privacy practices, and secure handling of patient data.
While the study doesn’t list audits explicitly, its emphasis on privacy, compliance, and transparency implies that ongoing evaluation of data practices and third-party partnerships is essential to uphold ethical standards in digital healthcare marketing.
Avoid: Using email tools or vendors without verifying they meet healthcare privacy standards and incorporating necessary contractual protections.
The common causes of HIPAA compliance mistakes in email marketing often stem from a combination of oversight, a lack of awareness, and inadequate resources. Many healthcare providers may not fully understand the specific requirements of HIPAA regulations or may mistakenly assume that general consent covers all forms of communication.
Email marketing can be an effective communication tool in healthcare, but it must be handled with strict attention to privacy, security, and patient consent. The following best practices help healthcare organizations promote services while remaining compliant with HIPAA regulations and maintaining patient trust.
“The HIPAA Privacy Rule gives individuals important controls over whether and how their protected health information is used and disclosed for marketing purposes. With limited exceptions, the Rule requires an individual’s written authorization before a use or disclosure of his or her protected health information can be made for marketing,” says the US Department of Health and Human Services (HHS). Consent should clearly explain the purpose of the emails, what type of content will be sent, and how often patients can expect to hear from the organization. Consent should never be assumed from treatment agreements or general intake forms.
Standard email marketing tools may not meet HIPAA security requirements. If an email platform stores, processes, or transmits PHI, it must support encryption and be willing to sign a business associate agreement (BAA).
HIPAA’s Security Rule requires administrative, technical, and physical safeguards to protect electronic PHI. This includes encrypting emails in transit and at rest, restricting access to authorized users, and implementing audit controls.
According to IBM, CISOs have identified human error as their biggest cybersecurity risk. Therefore, staff involved in marketing should understand what qualifies as PHI, when authorization is required, and how to use approved tools correctly.
Patients must be able to opt out of marketing emails easily. While HIPAA governs privacy, email marketing must also comply with CAN-SPAM requirements, including promptly honoring unsubscribe requests.
See also: HIPAA compliant email marketing: What you need to know
Paubox makes it easier for healthcare organizations to run email marketing campaigns without compromising HIPAA compliance. Unlike traditional email platforms, Paubox encrypts emails automatically and allows messages to be delivered directly to recipients’ inboxes without requiring portals or extra logins. This helps improve open rates while keeping patient data protected.
With support for HIPAA compliant workflows and a willingness to sign a BAA, Paubox enables healthcare professionals to share newsletters, wellness updates, and educational content securely.
HIPAA, the Health Insurance Portability and Accountability Act, sets national standards for the protection of sensitive patient information. In email marketing, it ensures that protected health information (PHI) is handled securely to maintain patient privacy and avoid legal penalties.
Learn more: What is HIPAA?
Include a clear and visible opt-out link in every marketing email, and ensure the opt-out process is straightforward. Promptly process opt-out requests and maintain a list of those who have opted out to avoid sending future emails.
Stay informed about state-specific privacy laws by consulting with legal experts, subscribing to regulatory updates, and regularly reviewing state requirements. Update your practices accordingly to ensure compliance with both federal and state laws.