As a performance marketer, you may not realize you are handling protected health information (PHI) and think that HIPAA compliance is for someone else in the organization to worry about. However, for marketers in healthcare and adjacent industries, where personal and health-related information is involved, understanding the nuances of HIPAA compliance is essential. Failing to navigate this complex regulatory landscape can lead to costly rework and sometimes even penalties or reputational damage.
This blog explores the implications of HIPAA compliance for performance marketers, focusing on the risks of using common tracking technologies.
Understanding HIPAA in a Marketing Context
For marketers, PHI includes any individually identifiable health information, such as medical records or patient conditions, including prospective patients. If linked to this information, device IDs and user behavior on health-related websites become PHI by extension.
HIPAA applies to healthcare providers, health plans, and their business associates. Even entities not traditionally classified as healthcare providers may inadvertently handle PHI through marketing campaigns, triggering compliance obligations.
How Tracking Technologies Create HIPAA Risks
Tracking tools like Google Analytics, Facebook Pixels, and other third-party cookies are staples in performance marketing. They help measure user behaviors, optimize ad placements, and calculate ROI. However, these tools can pose serious HIPAA risks when used on websites or apps that interact with PHI. Here’s how:
- Data Sharing Without Consent: Many tracking technologies automatically share user data (such as IP addresses or appointment details) with third parties, often without patient consent.
- Impermissible Disclosures: HIPAA mandates explicit permissions and safeguards for sharing PHI. Tools like Google Analytics, which collect data from unauthenticated webpages offering health-related services, may inadvertently disclose PHI.
- No BAAs Available: Google Analytics and similar tools don’t sign BAAs, leaving marketers responsible for compliance. A complete set of BAAs from key data processors may be required for your organization.
- Opaque Data Practices: Publishers often aggregate and analyze user data in ways marketers can’t fully control, increasing the likelihood of non-compliance.
Regulated entities must ensure tracking technologies comply with HIPAA. Any failure to do so may result in steep penalties.
Key Areas of Concern for Performance Marketers
To avoid compliance pitfalls, marketers must understand where risks commonly arise:
1. User-Authenticated Webpages
Webpages requiring user login often handle PHI, such as prescription details or appointment records. Any tracking code embedded on these pages must strictly adhere to HIPAA’s privacy and security rules.
2. Unauthenticated Webpages
Even unauthenticated web pages can generate PHI if they involve health-related content. For example, a webpage allowing users to schedule medical appointments or enquire about symptoms and next steps may collect health and personal identifiers, creating compliance obligations.
3. Mobile Apps
Mobile health apps are increasingly popular for managing health records, monitoring symptoms, or scheduling care. These apps often collect sensitive information like device IDs, location data, and user inputs, subjecting their tracking mechanisms to HIPAA.
Navigating HIPAA Compliance: Best Practices
To ensure marketing efforts remain compliant while leveraging data effectively, consider these strategies:
Conduct a Risk Assessment: Identify where and how your campaigns interact with user data. Determine whether any tracking technologies capture PHI, and implement safeguards to minimize risks.
Sign Business Associate Agreements (BAAs): If you work with vendors (like tracking technology providers) that access PHI, ensure they sign a BAA. This agreement holds them accountable for maintaining HIPAA compliance.
Limit Data Collection Follow HIPAA’s “minimum necessary” standard by restricting data collection to what’s essential for campaign success. Avoid capturing identifiable information like IP addresses on health-related web pages.
Employ HIPAA-Compliant Tools Choose marketing platforms explicitly designed for HIPAA compliance. These tools ensure data security while enabling effective campaign management.
The Marin Attribution Advantage
For performance marketers seeking a HIPAA-compliant alternative, Marin Attribution offers a safer, more reliable solution:
Unified Data Model
Marin Attribution aggregates and normalizes data across channels without exposing sensitive user information to third-party vendors. This ensures end-to-end security for campaigns involving healthcare clients.
Advanced Privacy Controls
Unlike publisher-provided tools, Marin lets you control how data is shared and analyzed. Its customizable permissions ensure compliance with HIPAA’s strict requirements. Marin offers IP masking, BAA support, known data stewardship guidelines, and “right to be forgotten” support. Marin is compliant with EU and California guidelines.
Enhanced ROI Insights
By securely connecting online and offline conversion data, Marin Attribution provides actionable insights without risking PHI exposure. This not only supports compliance but also drives better decision-making.
Publisher-Agnostic Approach
As an independent platform, Marin is free from the inherent conflicts of interest in tools offered for “free” by the ad platforms. This neutrality guarantees that your data remains secure and under your control.
Getting Started with a better approach to measurement
For performance marketers in healthcare, balancing compliance with effective campaign strategies is no small feat. As regulatory scrutiny intensifies, choosing tools and practices prioritizing patient privacy is more critical than ever.
Marin Attribution stands out as a trusted partner for marketers navigating these challenges. You can drive results without compromising compliance by enabling secure data management and providing unparalleled insights.
Ready to take the first step toward a safer, more effective marketing strategy? Request a demo today and discover how Marin Attribution can transform your approach to HIPAA-compliant performance marketing.
