HIPAA compliant email as a digital marketing tool in private practices

According to a paper on digital marketing in private firms published in Seminars in Hearing, “Effective method is to follow up with patients by email. The individual responsible for collecting online reviews could use a HIPAA compliant email service to send out email invites, as well as follow-ups and reminders, with links to the appropriate platforms.”

HIPAA compliant email is uniquely valuable as a digital marketing tool for private practices because it bridges the gap between effective patient engagement and privacy protection. Private practices, unlike large healthcare systems, often operate with limited resources and rely heavily on personalized communication to retain and grow their patient base. 

By using HIPAA compliant email, these practices can send tailored messages such as appointment reminders, wellness tips, or promotions for services, all while securely protecting protected health information (PHI). Email communication that involves PHI must be encrypted and handled with care to comply with HIPAA regulations. 

HIPAA compliant email platforms ensure that all communications are encrypted automatically. Patients receive emails directly in their inbox without needing to access portals. Given these factors, HIPAA compliant email offers a cost-effective, secure, and user-friendly channel that perfectly matches the needs and constraints of private practices working to communicate effectively and compliantly with their patients.

What HIPAA says about marketing

Under HIPAA, marketing is specifically defined with respect to any communication about products or services that encourage the purchase or use of those services involving PHI disclosures. This rule requires covered entities to obtain a valid, explicit authorization if a marketing communication discloses PHI, except for certain exceptions such as communications about general health or treatment-related communications not requiring separate authorization. 

According to a University of Minnesota Law Review paper on HIPAA in the context of commercial interest, “third parties can use the information to market any other product on a face-to-face basis. If the patient does not request that the marketing firm stop the commercial use of this personal information during the marketing encounter, the information may be used for additional marketing purposes."

Another differentiation is that marketing emails must not disclose PHI unless the patient has authorized such disclosure; even the patient’s email address is considered PHI under HIPAA, necessitating careful handling. Marketing communications that do not meet the definition of marketing under HIPAA (e.g., face-to-face communications or communications about treatment) may be exempt from the authorization requirement.

The need for marketing in the healthcare industry

Marketing enables healthcare organizations to ‘create, communicate, and provide value to their target audiences effectively, which is beneficial growth in today’s marketplace. Digital marketing expenses in the healthcare sector are climbing rapidly. According to an article on digital marketing published in the Health Works Collective, healthcare companies in the US alone are spending over $2.5 billion and forecasted to reach $4 billion in 2020. There is clear evidence that healthcare entities recognize marketing’s transformative potential. 

An editorial published in the Journal of Medicine and Life, which looked at the impact of marketing in healthcare, “With digital marketing, almost everything can be tracked and measured. Healthcare professionals and healthcare organizations no longer need to insight what works and what does not work.”

The investment reflects a shift from traditional channels such as television, which now accounts for less than 33% of marketing budgets according to Health Work Collective, in favor of mobile and digital platforms, which receive 44% of expenditures. This reallocation underscores how consumer behaviors shape marketing strategies, as over 80% of patients frequently use smartphones to find or interact with healthcare providers, influencing healthcare organizations to reprioritize their marketing initiatives accordingly.

Patients extensively research providers, treatment options, and health information online before scheduling care, with higher engagement among individuals who proceed to book appointments. Such consumer behavior creates enormous opportunities and imperatives for healthcare providers to be visible, trustworthy, and easily accessible online via digital marketing.

The issue with digital marketing in private practices

Private practices often lack the financial investment, personnel, and technical infrastructure necessary to fully leverage digital marketing platforms while maintaining compliance with health regulations such as HIPAA. 

A Frontiers in Public Health study on the topic of the challenge with digital marketing, ““Several challenges and barriers to the use of social media in hospital digital marketing… include security issues, patient privacy, regulatory issues, lack of guidance on how to use digital platforms properly, lack of staff interest to use social media or the right infrastructure to respond to complaints, and unclear responsibilities for various internet marketing activities.”

Unlike larger hospital systems with specialized marketing teams and dedicated IT departments, private practices must generally operate within tighter budgets and lean staffing models, which complicates the implementation and maintenance of sophisticated digital campaigns.

Why HIPAA compliant email is a solution

Mainstream email services generally do not provide this level of encryption automatically and often require patients to log into portals or use extra steps to access protected content, creating barriers that reduce patient engagement. Paubox distinguishes itself by delivering automatic emails directly to the recipient’s inbox without requiring special portals or passwords, improving accessibility for patients while ensuring that the healthcare provider meets encryption requirements seamlessly. 

This automatic encryption minimizes human error, a common cause of HIPAA violations, because staff can send emails as easily as regular mail while the system transparently handles security protocols. Studies affirm that such automated compliance solutions help reduce breaches, fines, and reputational damage that have afflicted healthcare entities when PHI is improperly disclosed via insecure email communications.

Beyond encryption, HIPAA compliant email marketing platforms address the complex issue of patient authorization for marketing communications, a requirement under HIPAA’s Privacy Rule. Patients must explicitly consent to receive marketing emails that disclose PHI, such as testimonials or personalized health offers, and must always retain the ability to opt out of future communications. Paubox and similar platforms often support integrated consent management workflows by enabling practices to collect, document, and track these permissions efficiently

The checklist for choosing the right HIPAA compliant email marketing service

• Does the service encrypt email content both in transit and at rest to protect PHI?
• Is the vendor willing to sign a business associate agreement (BAA) to assume responsibility for HIPAA compliance?
• Does the platform automatically encrypt emails without requiring recipients to log into portals or use additional passwords?
• Does the service provide access controls and audit logging to monitor email activities and ensure accountability?
• Can the platform help manage patient consent with clear opt-in and easy opt-out options for marketing emails?
• Does the service integrate seamlessly with existing email systems like Microsoft 365 or Google Workspace for ease of use?
• Does the platform avoid including PHI in email subject lines or metadata, or otherwise secure metadata adequately?
• Does the vendor offer training and support to educate staff on sending HIPAA-compliant emails correctly?
• Does the provider have a strong reputation and a clean history without data breaches?
• Can the service scale to handle your current and anticipated email volumes effectively?
• Does the platform offer marketing features such as automation, segmentation, and branding customization?
• Is there responsive customer support available via phone, email, or chat for timely assistance?
• Is the pricing transparent and appropriate for your practice’s size and needs?
• Does the service avoid using non-HIPAA compliant platforms, like consumer-grade providers (like Mailchimp, Brevo)?
  
  

FAQs

When is patient authorization not required for marketing communications?

Authorization is not required for face-to-face communications with patients or for promotions involving a nominal gift of value. Also, communications related to treatment, case management, or coordination of care are typically exempt from marketing authorization requirements.

What constitutes a marketing communication under HIPAA?

Marketing includes any communication encouraging the purchase or use of a product or service that discloses PHI and usually involves financial remuneration. Communications related to treatment, health-related services, or public programs are generally not considered marketing under HIPAA.

How should a HIPAA marketing authorization form be structured?

It must specify what patient information will be used, identify recipients, explain the marketing purpose, state if third-party remuneration is involved, include expiration dates, allow revocation of consent, and be signed by the patient or their representative.

Are digital marketing tools like Facebook Ads or Hubspot HIPAA compliant?

Most popular digital marketing platforms are not HIPAA compliant unless you have a signed BAA and ensure patient data is never exposed.