A Cheat Sheet for Marketing Agencies
Writing copy for the healthcare industry presents unique challenges, especially when navigating the complexities of HIPAA compliance. As a marketing agency, creating effective, engaging, and legally compliant content is essential to attract patients while protecting sensitive information. This guide is designed to help you confidently write copy that meets HIPAA regulations while still capturing the attention of your audience. Whether you’re creating website content, emails, or social media posts, this practical guide will provide you with an overview of the insights and strategies you need to stay compliant and deliver results.
1. No Personal Health Information (PHI) on the Site
Ensure that no PHI is included on the website. This includes avoiding any mention of:
- Patient names
- Specific addresses (city and state are fine)
- Social Security or medical record numbers
- Any other data that could be used to identify an individual
2. Patient Testimonials Require Consent
If using patient testimonials on the site, ensure you have explicit written consent from the patient. Keep the information shared anonymized or ensure consent is given to share identifiable details.
3. HIPAA-Compliant Contact Forms
Any contact forms or scheduling tools embedded on the site must be HIPAA-compliant if they collect sensitive information. Avoid asking for detailed health information unless you’re sure you are compliant.
4. No Guarantees of Medical Outcomes
Website copy should avoid making any promises about specific medical outcomes or results. Stick to general benefits or features of the healthcare service without guaranteeing success or cure.
5. Avoid Mention of Specific Conditions
Avoid direct references to sensitive medical conditions like mental health, HIV, or substance abuse without ensuring that these mentions respect the extra privacy requirements around these areas. There may be additional laws in your state regarding these types of conditions.
6. Minimal Data Collection
On any website forms, only collect the minimum amount of information necessary to fulfill the visitor’s request. Avoid collecting unnecessary medical details or health information unless absolutely required and secured.
7. Use HIPAA-Compliant Plugins and Tools
Ensure that any plugins or third-party tools integrated into the website for data collection, scheduling, or chat are HIPAA-compliant. Avoid using non-compliant platforms for handling sensitive data.
8. Secure Online Chats and Messaging
If your website has a live chat feature, ensure it is HIPAA-compliant, especially if discussing medical concerns. Avoid collecting detailed personal or medical information via unsecured chats.
9. No Specific Medical Providers Without Consent
If your website content references specific doctors, clinicians, or healthcare providers, ensure you have their explicit consent to include their names and credentials. One must take care not to appear as if practitioners have endorsed your content, when you do not have proper clearance.
10. Medical Information Disclaimer
Include a disclaimer that the website’s content is for informational purposes only and not intended as medical advice. Make it clear that users should consult with healthcare professionals for specific advice.
11. Cookie and Privacy Policies
Ensure your website has a clear privacy policy that explains how visitor data is used, stored, and protected, especially in the context of healthcare marketing. Also, use HIPAA-compliant cookie tracking tools.
12. No Public Discussion of Health Issues
Avoid creating any forums, comment sections, or public discussion features on the website where users could accidentally disclose their own PHI or others’. If there is a need for interaction, ensure it is secure.
This list is not exhaustive. It is merely a cheat sheet to help you stay on the right track.