For decades, the HIPAA Privacy Rule has laid the foundation for protecting the sensitive health information of individuals. With the fast-paced evolution of technology and marketing strategies, ensuring the safeguarding of Protected Health Information (PHI) has become increasingly critical.  

At WellWritten, we're here to guide healthcare providers and wellness brands through these complex waters, especially with the recent changes in HIPAA regulations.

The Core of HIPAA's Marketing Rule

HIPAA's Privacy Rule primarily focuses on controlling how PHI is used and disclosed during marketing campaigns. Before a person's PHI can be employed for marketing purposes, there is a general mandate for written authorization from the individual. This distinction is crucial for healthcare providers and marketers to grasp, ensuring they don't unintentionally breach the regulations.

Definition Deep Dive: What Constitutes "Marketing"?

Under the HIPAA Privacy Rule, marketing is defined as any communication about a product or service aiming to encourage its purchase or use. A more nuanced element of this definition involves scenarios where a covered entity, perhaps a hospital or clinic, shares PHI with another organization. This exchange, if done in return for remuneration to endorse the latter's product or service, falls under "marketing."

For instance, if a hospital endorses a cardiac facility that isn't part of its network, or a health insurance firm promotes a non-health product, such activities qualify as marketing.

What Doesn't Qualify as "Marketing"

Certain communications escape the label of "marketing." These include:

• Communications concerning the covered entity's own health-related products or services.
• Messages intended for individual treatment.
• Communications designed for case management, care coordination, or suggesting alternative care methods or settings.

Authorization: A Central Pillar

Almost all communications recognized as marketing demand the individual's authorization. If there's a financial component involved, like the covered entity receiving payment from a third party for the marketing activity, the authorization must explicitly state this fact. However, there are some exceptions. Direct, face-to-face communications or the distribution of low-cost promotional items by a covered entity won't need prior authorization.

New Changes for 2023

In a world where online presence dominates, the Office of Civil Rights (OCR) took significant steps in December 2022. These changes aimed to fortify HIPAA regulations, addressing potential privacy breaches arising from online tracking technologies.

This move was in response to growing concerns, especially after the revelation that tracking tech from Meta, Facebook's parent company, was present on some hospital websites. Such tracking could inadvertently expose PHI, leading to privacy concerns.

The OCR's new guidelines on online tracking technologies serve as a roadmap for healthcare marketers. While there's a need for caution, there's no cause for panic. Marketers are urged to reassess their online strategies, considering alternatives to prominent tracking tools, particularly those from giants like Google and Meta.

‍

Navigating the Marketing Maze with Precision

In conclusion, while the HIPAA Privacy Rule has always set the bar high in terms of PHI protection, these recent amendments underline the significance of consumer privacy in the digital age. For healthcare providers and wellness brands, understanding and adapting to these changes is not just about compliance – it's about building trust.

At WellWritten, we prioritize keeping you informed, ensuring that your marketing campaigns remain effective, compliant, and respectful of privacy. Reach out to us today for guidance tailored to the ever-evolving landscape of healthcare marketing.

‍