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What can be included in HIPAA compliant email marketing?

What can be included in HIPAA compliant email marketing?

Email marketing enables healthcare providers to share valuable information, promote services, and improve patient communication. There are, however, types of information that can and cannot be included in email marketing to ensure HIPAA compliance. 


HIPAA regulations for email marketing

In the context of email marketing, healthcare organizations must comply with both the HIPAA privacy rule and the HIPAA security rule. The Privacy Rule establishes standards for safeguarding protected health information (PHI). On the other hand, the Security Rule mandates the implementation of administrative, physical, and technical safeguards to protect electronic PHI (ePHI) from unauthorized access, use, and disclosure.


Types of information allowed in HIPAA compliant email marketing

Healthcare organizations can include certain types of information in their email marketing campaigns without violating patient privacy. Examples of permissible content include:

  1. General health tips: Email newsletters can provide patients with valuable generalized health information, such as seasonal health advice, preventive care tips, and lifestyle recommendations. These newsletters can contribute to patient education and empowerment without revealing PHI.
  2. Appointment reminders: Sending appointment reminders through email can improve patient adherence to treatment plans and reduce no-show rates. These reminders can include basic information such as appointment date, time, and location without disclosing sensitive medical details.
  3. Educational materials: Healthcare organizations can share educational content on common health conditions, wellness initiatives, and health awareness campaigns. These materials can be informative and general, catering to the patient population without referencing specific patient cases.


Types of information to avoid in email marketing

To maintain HIPAA compliance, healthcare organizations must refrain from including certain types of sensitive information in their email marketing campaigns: 

  1. Specific medical diagnoses: Revealing a patient's specific medical condition or diagnosis in a marketing email violates HIPAA regulations, as it exposes private health information to unauthorized individuals.
  2. Treatment details: Sharing specific treatment plans, medication dosages, or medical procedures in email marketing can compromise patient privacy and confidentiality.
  3. Lab results: Email marketing should not include specific lab results or medical test outcomes, as these constitute sensitive PHI.
  4. Protected health information (PHI) identifiers: PHI, including patient names, addresses, dates of birth, Social Security numbers, and other identifiers, must not be disclosed in email marketing communications.

Related: What are the 18 PHI identifiers?


The risk of avoiding PHI vs. using encrypted email tools

There are two approaches to HIPAA-compliant email marketing. One approach is to simply avoid including any PHI in the email newsletter. While this might seem like a straightforward solution, it's fraught with challenges. Given the broad definition of what can be considered PHI, this method is prone to inadvertent errors. Almost anything can be unintentionally classified as PHI, making this pathway not recommended.

On the other hand, specialized tools like Paubox offer a more secure solution. These tools encrypt emails during transit, ensuring that even if PHI is included, it remains protected and inaccessible to unauthorized individuals. By using such HIPAA compliant email marketing tools, healthcare organizations can communicate more freely without the constant fear of violating HIPAA regulations.


Ensuring HIPAA compliance in email marketing

To maintain HIPAA compliance in healthcare email marketing, healthcare organizations must implement several practices:

  1. Obtain patient consent: Organizations must obtain explicit consent from patients to receive marketing communications before including them in email marketing campaigns. Consent forms should clearly outline the types of emails patients will receive and how their information will be used.
  2. Use a HIPAA compliant email service: When you use a secure email platform like Paubox, they encrypt ePHI during transmission. This ensures that patient data remains confidential and secure throughout the email communication.
  3. Offer opt-out options: Give patients the ability to unsubscribe from email marketing communications anytime. Include an easily accessible "unsubscribe" link in every email to demonstrate respect for patient preferences and maintain compliance with HIPAA regulations.

Related: HIPAA compliant email: the definitive guide


Educating patients on email marketing and privacy

Healthcare providers should inform patients about their rights, how their information will be used in email marketing campaigns, and how their privacy will be protected. 

  1. Create privacy notices: Develop clear and concise privacy notices that inform patients about the purpose of email marketing, the types of information that will be communicated, and how patients can opt out if they choose to do so.
  2. Educate patients on email security: Encourage patients to be vigilant about email security, avoid clicking on suspicious links, and report any unusual emails related to their healthcare.

Related: HIPAA compliant email marketing: what you need to know

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