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HIPAA and Marketing Emails

So why can’t you automatically opt your whole clinic in to marketing emails? Why can’t patients be subscribed to marketing by default?

The quick answers are: You can. They can. BUT……

Jane complies with HIPAA, and that means that by default, all patients are required to opt THEMSELVES in to marketing emails.

What HIPAA says about marketing emails:

HIPPA is clear:

The HIPAA Privacy Rule expressly requires an authorization for uses or disclosures of protected health information for ALL marketing communications.

That means, clinics must offer patients the choice of opting in to these types of communications and offer an easy way to opt-out.

What does HIPAA consider to be “marketing?”

Under HIPAA, “marketing” means:

To make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service, unless the communication provides:

  • information about the health plan you are providing/recommending
  • treatment information
  • care recommendations (such as recommending additional treatments or providers)

Read HIPAA’s full definition under “Marketing” here in their Code of Federal Regulations.

If you have any additional questions, or, if you are a RARE case and plan on using an email marketing tool to send out bulk emails that you think DO NOT qualify as “marketing” under HIPAA, let us know.

We’re here to help!

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