Digital Marketing and Healthcare Regulations: How They Affect Your Medical Practice

A nurse from a children’s hospital in Texas got fired from her job when she shared her encounter with a child suffering from measles on her personal social media account. This turn of events was a little surprising because she had not even shared the child’s name. However, the court ruled that the details she’d shared were ‘easily identifiable.’ ¹ A dental practice in Dallas did not realize that responding to patients’ reviews by directly addressing them would cost them a whopping $10,000 ². Another healthcare practitioner in the US–this time in Florida– was charged a hefty US$ 2.15 million fine for three separate instances of HIPAA violation³. There are many more such cases of healthcare practices paying heavily for seemingly minor lapses.

It wasn’t that these healthcare practitioners were unaware of the health regulations, nor were they openly defying them. Rather, they did not realize that their actions constituted a ‘breach.’ Unfortunately, the law makes no exceptions for ignorance and one’s inability to connect the dots between a regulation and the event at hand. A breach is a breach, and it can irreversibly wipe out careers and businesses. 

Little wonder then that many of the most experienced marketing agencies are cautious about signing up with clients from the healthcare industry. Compliance is one of the most critical considerations in medical marketing, and it can often seem to stand in the way of creative marketing. However, losing out on the benefits of digital media because you fear the intricacies of compliance is hardly the solution. At Wisevu Inc., we have experience navigating the ever-changing healthcare marketing landscape. We offer HIPAA-compliant services and are well aware of the privacy and security concerns relating to PHI and ePHI. Our clients in Canada and USA have benefited from our healthcare digital marketing services and medical SEO. This article discusses some of the most crucial medical advertising regulations that businesses in the healthcare industry should be aware of and follow.

Regulations and Agencies Impacting Digital Marketing in the USA and Canada

Rapidly evolving technologies have improved healthcare services, making them agile and efficient. However, they have also increased the likelihood of information security breaches with severe consequences for healthcare providers and patients. 

In 2017, a highly publicized data breach by Aetna, an insurance giant, revealed the HIV status of over 11,000 individuals. Aetna agreed to pay $17 million in damages, but the ‘damage’ had already been done for the patients whose HIV status had been exposed.⁴ PHI violations are expensive. In the US, for privacy violations considered civil offences, the penalty for non-compliance can range from $100 to $50,000 per violation. A maximum fine of up to $1.5 million per year can be imposed. In extreme cases, violations can lead to criminal charges and the cancellation of licenses.⁵

There are various laws, rules, and government agencies regulating healthcare marketing in the US and Canada, and they actively seek to avert the risks posed by data breaches. The ultimate objective is to preserve the patient’s Personal Identifying Information (PII) and their Personal Health Information (PHI). 

In the US and Canada, there are specific laws pertaining to PHI and PII, as well as federal regulators who oversee how patient information is used.

Common Challenges Facing Healthcare Practices’ Digital Marketing Efforts

Digital marketing and Medical SEO empower patients to reach out more easily to clinics and enables practitioners to market their services to a broader audience. However, alongside these apparent benefits, it has also increased the likelihood of information security risks. The patient’s personal identifying information (PII) can fall into the hands of cybercriminals, resulting in identity thefts. Digital marketing agencies, therefore, encounter peculiar challenges when it comes to healthcare. 

Where other industries are free to use customer data to create targeted digital marketing campaigns, healthcare professionals have to be vigilant and diligent with their data. Healthcare practices facing time and resource crunches would do best to work alongside third-party vendors who are well aware of federal and state laws.

At Wisevu, we are well-versed with the implications of various healthcare regulations – HIPAA, PHIPA, PIPEDA, the Omnibus Rule, Texas HB 300 and CMIA – and how it affects our marketing efforts. Here are a few real-scenario challenges that face our healthcare clients.

Wisevu’s Healthcare Marketing Strategy

We understand that patients are always looking for more effortless ways to access their health records. Since many of them are comfortable with digitalization, they expect dynamic digital experiences. According to CDW Healthcare’s 2017 Patient Engagement Perspectives Study, 89% of patients want simple, seamless access to their health records, and 98% are comfortable communicating remotely with their healthcare providers via texting, mobile apps, online chats or live video. 

The healthcare marketer’s challenge is to accommodate the patient’s expectations for privacy against their desire for seamless, digital experiences. At Wisevu, we help our healthcare clients accomplish this. We deliver compelling digital experiences while staying mindful of the ongoing laws and regulations. We have over ten years of experience building comprehensive marketing campaigns for healthcare clients and local clinics and have evolved certain best practices.

• Our marketers stay on top of industry trends and are familiar with healthcare marketing regulations and requirements.
• They are trained in HIPAA and PHIPA compliance and clearly understand what types of marketing violate the enforcement rule.
• We have detailed protocols, documented best practices and extensive checklists for digital channels we specialize in to preempt violations proactively.
• We ensure that every marketing campaign going live goes through these predefined checks.
• We advise clients to request vendors to sign a Business Associate Agreement (BAA) when using third-party vendors

Conclusion

While privacy regulations may seem like a hindrance to savvy marketing, they are excellent opportunities to personalize patient relationships, build deeper engagements and create a culture of trust by establishing yourself as the committed custodian of patients’ data. 

Though healthcare marketing poses an array of challenges, it also presents you with the unique opportunity to cut through the clutter and find more reliable data to devise more innovative campaigns. At Wisevu, we have expertise in helping healthcare practices improve their visibility on leading digital marketing channels.

Schedule a consultation to find out how we can help your medical practice or hospital succeed online.

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