HIPAA & Healthcare Marketing: How to Follow the Rules

Healthcare marketing is evolving faster than ever—but when patient privacy is on the line, we can’t afford to miss a step. For anyone advertising healthcare services or communicating with patients, understanding HIPAA’s rules isn’t just smart business—it’s the law. Getting healthcare marketing HIPAA compliance right means protecting patient trust, avoiding costly penalties, and building campaigns that make a real impact.

HIPAA turns up the heat on marketing practices by setting strict limits on how we use and share protected health information (PHI). Whether you’re running an email campaign, managing testimonials, or setting up tracking pixels and cookies on your website, every move matters. Even the smallest oversight can expose sensitive data and put your organization at risk.

This guide will walk you through the key rules you need to follow in healthcare marketing—from identifying what counts as PHI in marketing, to mastering de-identification and the “minimum necessary” standard, to navigating BAAs, consent, and more. We’ll share practical advice and clear examples to help you stay compliant while keeping your campaigns creative and effective. Ready to make HIPAA compliance your marketing superpower? Let’s dive in and get it right—together.

What counts as PHI in marketing

Understanding what qualifies as Protected Health Information (PHI) in marketing is the cornerstone of healthcare marketing HIPAA compliance. When we talk about PHI in marketing, we're referring to any health-related information that can identify an individual and is created, received, maintained, or transmitted by a covered entity or its business associate. This goes far beyond just names and addresses—it can include medical histories, appointment dates, insurance details, and even digital identifiers like IP addresses when linked to health services.

In marketing, PHI is any information that:

• Relates to an individual’s past, present, or future physical or mental health condition.
• References the provision of healthcare to the individual.
• Concerns payment for healthcare services that can identify the individual, either directly or with other available data.

For example, running a campaign that uses patient emails to send appointment reminders, or sharing a testimonial that references a patient's treatment—even if it seems harmless—counts as using PHI. This is true whether you’re launching an email marketing HIPAA campaign, collecting data through tracking pixels and cookies, or posting on social media.

Digital marketing tools can complicate compliance. Tracking pixels and cookies can inadvertently collect PHI, especially if they are deployed on patient portals or appointment scheduling pages. Even a combination of seemingly non-sensitive details (like a zip code plus a medical service booked) can become PHI when linked to a specific individual. That’s why the minimum necessary standard is so important: only collect, use, or disclose the smallest amount of PHI needed for your marketing purpose.

De-identification is your friend. If you remove all identifying information so that the data cannot reasonably be traced back to an individual, it’s no longer considered PHI under HIPAA. However, de-identification must be done carefully, following one of the two methods recognized by HIPAA: the Expert Determination method or the Safe Harbor method. If you’re unsure, don’t assume data is de-identified—err on the side of caution and treat it as PHI.

When working with marketing service providers, a Business Associate Agreement (BAA) is mandatory. If your partners will have access to PHI—whether through managing email campaigns, overseeing website analytics, or handling testimonials authorization—you must have a signed BAA in place to ensure they meet HIPAA standards.

Consent is everything. To use PHI for marketing, you must receive explicit, written authorization from the individual. This includes using testimonials, patient stories, or images in campaigns. Email marketing HIPAA rules also require opt-in consent if PHI is involved, and all recipients must have the ability to opt out easily.

In short, PHI in marketing covers any information that could identify a patient, whether it’s stored in your database, shared via email, or gathered through online tools. Always use the minimum necessary, prioritize de-identification, ensure you have the right BAAs, and never skip getting proper consent. These steps keep your campaigns compliant—and your patients’ trust intact.

De-identification and minimum necessary

De-identification and the minimum necessary standard are at the core of HIPAA-compliant healthcare marketing. These concepts ensure that patient privacy is respected, even as we strive to create effective, data-driven campaigns.

De-identification is the process of removing or modifying all personally identifiable information from patient data, so it can no longer be linked back to an individual. For healthcare marketers, this means scrubbing out names, contact details, medical record numbers, and any other elements that could reveal a patient’s identity. Why does this matter? Because once PHI in marketing materials is appropriately de-identified, it’s no longer protected by HIPAA, and you can use it for analytics, audience segmentation, or case studies without seeking specific consent.

There are two recognized methods for de-identification:

• Expert Determination: A qualified expert certifies that the risk of re-identification is very small, based on statistical and scientific principles.
• Safe Harbor: You remove 18 specific identifiers (like name, address, and dates directly related to the individual) as listed by HIPAA.

However, de-identification isn’t always possible or practical for every marketing activity. That’s where the minimum necessary standard comes in. HIPAA requires that, when using or disclosing PHI for marketing, only the minimum amount of information needed to achieve the intended purpose should be accessed or shared. This means:

• Reviewing your campaign data to ensure you’re not including unnecessary details.
• Limiting access to PHI only to those team members who truly need it.
• Configuring tracking pixels, cookies, and analytics tools to avoid capturing more data than is required for the marketing objective.

Real-world example: If you’re running an email marketing HIPAA campaign to promote a new patient portal, you should avoid including sensitive health details. Instead, segment your audience using de-identified data or minimal contact information, and always use secure, compliant platforms.

By prioritizing de-identification and the minimum necessary approach, we not only protect patient privacy but also reduce risk for our organizations. It’s about striking the right balance: leveraging data to drive results, without ever crossing the privacy line.

BAAs with agencies and vendors

BAAs with agencies and vendors

When it comes to healthcare marketing HIPAA compliance, one of the most critical—but often misunderstood—requirements is having a Business Associate Agreement (BAA) with every agency or vendor that might access, handle, or process PHI in marketing activities. This isn’t just paperwork; it’s a legal safeguard that clarifies responsibilities and keeps everyone accountable.

Under HIPAA, a business associate is any entity outside your organization that performs services involving the use or disclosure of PHI on your behalf. In the marketing world, this typically includes:

• Advertising agencies creating targeted campaigns
• Email marketing providers that manage patient outreach
• Analytics vendors using tracking pixels or cookies to measure campaign performance
• Design and web development teams maintaining landing pages that might collect patient data

Why do BAAs matter in healthcare marketing? Without a signed BAA, sharing any PHI—even data that seems harmless—puts your organization at risk of HIPAA violations. This includes not just names and addresses, but also device IDs, IP addresses, and data collected through tracking technologies. Even if an agency only receives "de-identified" data, you need to ensure it truly meets the de-identification standard, or a BAA is still required.

Here’s how to keep your BAAs airtight and your campaigns compliant:

• Identify all vendors who access or process PHI, including those handling consent forms, testimonials authorization, or email marketing HIPAA tools.
• Review and update BAAs regularly—regulations and workflows change, and your agreements should reflect current practices.
• Specify the minimum necessary PHI that a vendor can access. Don’t share more than needed for the project.
• Establish clear responsibilities for data protection, breach notification, and permitted uses of PHI.
• Vet for security: Make sure your partner’s security practices align with your own standards before PHI is exchanged.

Remember, a BAA isn’t just a checkbox—it’s your frontline defense against data leaks and regulatory headaches. If a vendor refuses to sign a BAA or doesn’t understand why it’s required, it’s a red flag. In healthcare marketing, only work with partners who take HIPAA as seriously as you do.

By locking down BAAs with every agency and vendor, we build a solid foundation for trust, compliance, and successful campaigns—without sacrificing patient privacy or peace of mind.

Email/SMS campaigns with PHI

Email and SMS campaigns are powerful tools in healthcare marketing, but when Protected Health Information (PHI) is involved, HIPAA compliance must be your top priority. Let’s break down what you need to know to keep your outreach effective—and entirely above board.

PHI in Marketing: Where Are the Boundaries? Any time you send email or SMS campaigns that use information capable of identifying a patient—such as names, email addresses, phone numbers, or health-related details—you’re handling PHI. Under HIPAA, using this information for marketing is strictly controlled.

• Consent is Key: Before sending any marketing message that includes PHI, you must have the patient’s explicit, written authorization. A general “opt-in” isn’t enough; the consent must specifically reference the use of PHI for marketing purposes.
• Minimum Necessary Standard: Only include the information absolutely required for your campaign. For example, if you’re sending a flu shot reminder, limit details to what’s essential—avoid unnecessary health details or unrelated promotions.
• De-Identification: If you want to avoid the need for authorization, ensure all PHI is fully de-identified. This means stripping out any direct or indirect identifiers, following HIPAA’s safe harbor or expert determination methods. Once de-identified, the data is no longer subject to HIPAA restrictions in marketing.
• Email Marketing HIPAA Compliance: Most standard email and SMS services are not HIPAA-compliant by default. You must use platforms willing to sign a Business Associate Agreement (BAA) and that ensure data is encrypted both in transit and at rest.
• Tracking Pixels & Cookies: Embedding tracking pixels or marketing cookies in emails or links that handle PHI is risky. These tools could expose patient data to third parties, which violates HIPAA unless there is a signed BAA and the minimum necessary standard is upheld. Always review the compliance of all analytics and marketing software you use.
• Opt-Out & Transparency: Every campaign must provide a clear opt-out mechanism. Transparency builds trust and is legally required; let patients know exactly how their information will be used and protected.
• Testimonials & Authorizations: If you plan to share patient testimonials or stories in your campaigns, written authorization is mandatory—even if you think the information is harmless. Always document and securely store all consent forms.

Practical Steps for Safe Campaigns

• Work only with HIPAA-compliant email/SMS vendors that sign a BAA.
• Train your team on HIPAA rules for marketing, including the use of PHI and the importance of de-identification.
• Audit your campaigns regularly for compliance, especially regarding tracking technologies and third-party integrations.
• Develop easy-to-understand consent forms and make opting out simple for recipients.

In the world of healthcare marketing, playing it safe with PHI isn’t just about following the rules—it’s about honoring the trust your patients place in you. By respecting consent, minimizing data use, and choosing the right partners, we can build campaigns that connect and comply at every step.

Tracking pixels and cookies

Tracking pixels and cookies are powerful digital tools, but in healthcare marketing, they come with high stakes. Whenever we use these technologies to understand website visitor behavior, personalize ads, or measure campaign success, we must consider the strict requirements of healthcare marketing HIPAA compliance. Why? Because tracking pixels and cookies can collect data that, when combined with other information, may qualify as protected health information (PHI) under HIPAA.

Here’s what we need to look out for:

• PHI in marketing: If a tracking pixel or cookie gathers any data that could reasonably identify a patient—such as appointment requests, form submissions containing health queries, or even IP addresses linked to patient records—we’re entering PHI territory. That means HIPAA rules apply, even if marketing teams don’t directly see the individual’s name.
• De-identification isn’t always simple: Some believe that as long as data is “anonymized,” it’s safe to use. However, de-identification under HIPAA has a high bar. Data must be stripped of all identifiers, and re-identification must not be reasonably possible. If there’s any doubt, it’s safer to treat the data as PHI.
• The minimum necessary standard: HIPAA requires us to collect and use only the minimum data necessary for our marketing purpose. That means we must thoughtfully configure pixels and cookies, limiting data capture to essentials and avoiding unnecessary collection of health-related details.
• Business Associate Agreements (BAAs): If we use third-party platforms (like analytics or ad networks) that have access to PHI through tracking, they must sign a BAA. Many popular ad services won’t sign a BAA—using them on pages that handle PHI could put us out of compliance.

Consent is critical in digital healthcare marketing. HIPAA requires explicit, documented patient authorization before their PHI is used for marketing—even via cookies or pixels. Standard cookie banners or implied consent mechanisms don’t meet HIPAA standards. We need written authorization, and we must clearly explain how data will be used, who will receive it, and for what purpose.

Practical steps for HIPAA-compliant tracking:

• Use tracking pixels and cookies only on web pages that don’t involve PHI, such as general landing pages—not patient portals or contact forms related to care.
• Regularly audit all marketing technologies for potential PHI collection. If in doubt, treat the data as protected.
• Configure pixels and cookies to avoid capturing sensitive data, and ensure all third-party vendors understand and comply with HIPAA.
• Don’t rely on standard privacy policies—obtain clear, specific, and written patient consent for any marketing activity involving PHI.

In summary, using tracking pixels and cookies in healthcare marketing demands a careful balance between digital innovation and regulatory responsibility. By understanding when PHI is at risk, prioritizing de-identification, sticking to the minimum necessary standard, securing BAAs, and obtaining proper consent, we can harness the benefits of analytics and remarketing without compromising patient trust—or HIPAA compliance.

Testimonials and photo releases

Testimonials and photo releases are powerful tools in healthcare marketing, but they come with significant compliance responsibilities under HIPAA. We know that sharing patient stories or before-and-after photos can make content relatable and trustworthy. However, when these materials involve any form of protected health information (PHI), strict safeguards are required to protect patient privacy and ensure legal marketing practices.

Obtaining explicit, written authorization is non-negotiable whenever you want to use testimonials, photographs, or videos that connect to a patient’s identity or experience. This isn’t just a courtesy—HIPAA mandates that any use or disclosure of PHI for marketing purposes, including testimonials, must be backed by the patient’s clear, documented consent. Here’s what you need to know:

• Authorization must be specific and detailed. The form should state exactly what information will be used, how it will be used (print, digital, social media, etc.), and who will see it. Vague or blanket consents do not meet HIPAA standards.
• Patients should be informed of their rights. The authorization must tell patients they can refuse consent or revoke it at any time, and this won’t affect their care.
• Include expiration dates and purposes. Always note how long the authorization is valid, and specify the intended purpose of the testimonial or image.
• De-identification is an option—but be thorough. If you want to use a story or image without explicit authorization, you must completely de-identify the information. This means removing names, faces, and any details that could reasonably identify the patient. If there’s any doubt, treat it as PHI and obtain consent.
• Digital assets need special care. Even online testimonials or photos can be subject to tracking through pixels, cookies, or analytics tools. Make sure your Business Associate Agreements (BAAs) cover all vendors who might access PHI through these means, and always follow the minimum necessary rule.

Best practice: Keep a clear, auditable record of every testimonial authorization and photo release. This protects your organization and demonstrates good faith compliance if you’re ever audited.

In summary, using testimonials in healthcare marketing under HIPAA is absolutely possible—but only when you have proper authorization. Respecting your patients’ privacy isn’t just a legal duty; it’s how we build long-term trust and credibility in every campaign.

If you’re unsure whether a story or image counts as PHI in marketing, always err on the side of caution. Secure the right consent, use robust de-identification methods when needed, and make HIPAA compliance a core part of your marketing workflow.

Social media do’s and don’ts

Social media is a powerful tool in healthcare marketing, but it’s also a place where HIPAA mistakes can happen easily and publicly. Even well-meaning posts can expose your organization to compliance risks if patient privacy isn’t front and center. Here’s how we can navigate the world of likes, shares, and comments—while staying firmly on the right side of the rules.

Social Media Do’s

• Always de-identify patient information before sharing. Even a photo in a waiting room or a casual mention of a patient success story can reveal PHI if you’re not careful. Double-check every post, image, and video to ensure there’s no identifying detail—names, faces, dates, or unique situations—unless you have proper authorization.
• Get explicit, written consent for testimonials or patient stories. If you want to share a patient testimonial, success story, or before-and-after photo, don’t just ask for verbal permission. Secure a signed authorization specifically for marketing use—this is non-negotiable under HIPAA.
• Limit staff access and train your team regularly. Only allow those who understand healthcare marketing HIPAA requirements to post on your accounts. Ongoing training helps everyone recognize the difference between general health tips and PHI in marketing.
• Review third-party tools and platforms. Many social media management tools use tracking pixels or cookies—features that can collect or share user data. Ensure you have a signed BAA with any vendor that touches PHI, and always use privacy-friendly configurations.
• Stick to minimum necessary information. When discussing services, medical advancements, or events, keep posts general. Share value, not details. This keeps you compliant and builds trust with your audience.

Social Media Don’ts

• Never post about a patient—even indirectly—without authorization. Seemingly anonymous posts can still be traced back to individuals, especially in smaller communities or unique medical cases.
• Don’t use tracking pixels or cookies for retargeting without clear consent. If you’re using analytics or ad pixels, make sure your audience knows—and agrees—to how their data is being used. Transparency is not just ethical, it’s a requirement.
• Avoid answering patient-specific questions publicly. If someone comments or messages with personal health info, move the conversation offline and through secure, HIPAA-compliant channels.
• Don’t share staff or facility photos that could inadvertently include PHI. A whiteboard in the background, a patient’s chart on a desk, or even a visitor badge can cross the compliance line.
• Never assume deleting a post erases your risk. Once something is shared online, it can be screenshotted or cached. Prevention is the only real protection.

Staying compliant on social media isn’t about being silent—it’s about being strategic and respectful of patient rights. With the right policies, staff training, and respect for consent, we can build an engaging presence that grows our reputation without risking privacy. Remember: when in doubt, err on the side of caution and keep PHI out of your posts unless you have documented, explicit authorization.

Monitoring and breach risk

Monitoring and breach risk is a critical concern for anyone handling PHI in marketing. With HIPAA’s strict requirements, even a minor slip—like an unmonitored tracking pixel—could trigger a reportable incident. That’s why ongoing vigilance is non-negotiable.

Let’s break down what effective monitoring looks like and how we can minimize breach risks in our healthcare marketing strategies:

• Audit your tech stack regularly: Whether it’s website cookies, tracking pixels, or third-party plugins, each tool can potentially collect PHI. Schedule routine reviews to identify where PHI might be at risk and confirm that these tools are configured for HIPAA compliance.
• Track access and usage of PHI: Limit who can view and use PHI for marketing. The minimum necessary standard means only sharing what’s required for the task. Use access logs to monitor and review who’s interacting with sensitive data.
• De-identify data when possible: Remove identifiers before using patient information in campaigns. De-identification helps reduce risk—if a breach occurs, the data is less likely to compromise individual privacy.
• Keep Business Associate Agreements (BAAs) updated: Any third-party vendor (like a marketing agency or email platform) that touches PHI must sign a BAA. Review these agreements annually and ensure vendors are upholding their security obligations.
• Monitor consent and authorizations: Always obtain specific patient consent before using testimonials or including individuals in marketing communications. Track these authorizations so you can prove compliance if audited.
• Test for vulnerabilities: Routinely run security checks on your website and email marketing flows. Look for ways PHI might be inadvertently exposed—like unsecured web forms or misconfigured cookies.
• Have a breach response plan: Even with safeguards, incidents may happen. Develop a clear, step-by-step protocol for responding to suspected breaches, including notification timelines and corrective actions. Train your team so everyone knows what to do if something goes wrong.

Proactive monitoring keeps marketing efforts safe, legal, and trustworthy. By treating PHI like the valuable, sensitive asset it is, we can build campaigns that connect with patients—without putting privacy at risk. Always document your compliance steps and review your practices regularly to stay ahead of evolving threats.

Consent and opt-in management

Consent and opt-in management sits at the heart of HIPAA-compliant healthcare marketing. To maintain trust and stay compliant, we need a clear strategy for how we collect, store, and use patient permission for any marketing communications—whether by email, digital ads, or testimonials.

When we talk about consent in healthcare marketing, it isn’t just about asking patients to check a box. HIPAA requires written authorization before using or disclosing any protected health information (PHI) for marketing that goes beyond treatment, payment, or healthcare operations. This means:

• Written authorization must specifically describe what information will be used, who will use it, and for what purpose.
• Opt-in must be unambiguous—no pre-checked boxes or vague language. Patients need to actively agree, typically with a signed form or a clear digital signature.
• Separate consent for marketing: The authorization for marketing must be distinct from consents for care or other purposes. Bundling them together is not compliant.
• Easy opt-out: Patients must have an easy way to revoke their consent at any time. This means every marketing message should include clear instructions for unsubscribing or withdrawing permission.

We also need to think carefully about tracking pixels and cookies. When these tools collect data that can be tied to an individual’s health status, diagnosis, or treatment, they may be handling PHI. In these cases, explicit patient consent is mandatory before deploying these technologies on websites, emails, or ads.

For email marketing HIPAA compliance, opt-in is only the beginning. We must:

• Use only the minimum necessary PHI for a campaign.
• De-identify information whenever possible to reduce risk.
• Ensure secure transmission and storage—no sending PHI over unsecured channels.
• Have a Business Associate Agreement (BAA) with any vendor handling PHI, from marketing platforms to analytics providers.

When it comes to using testimonials, HIPAA compliance takes things a step further. Even if a patient volunteers their story, authorization must be documented before their name, photo, or experience is shared for marketing. This protects both the patient and your organization.

Here’s a practical checklist for managing consent and opt-ins in healthcare marketing:

• Collect explicit, written authorization for every use of PHI in marketing.
• Make opt-in and opt-out options clear and accessible at every touchpoint.
• Review all marketing tools (like cookies and pixels) for potential PHI collection, and get consent before use.
• Regularly audit your processes to ensure ongoing compliance.

Proper consent management isn’t just about compliance—it’s about showing respect for your patients’ privacy and preferences. By making transparency and control part of every campaign, we build stronger, more trustworthy relationships with our audience and set a high standard for healthcare marketing HIPAA practices.

Healthcare marketing HIPAA compliance is more than a box to check—it's the foundation of ethical, effective outreach in today’s digital world. As we build strategies to connect with patients, we must always put privacy first. That means understanding what counts as PHI in marketing, limiting data collection to the minimum necessary, and ensuring all partners sign a proper BAA.

Modern tools like tracking pixels and cookies can fuel powerful campaigns, but without explicit consent, they can also create serious risks. Before using these technologies, always get clear patient permission and fully de-identify any data when possible. The same goes for sharing testimonials—written authorization isn’t optional, it’s required under HIPAA.

Email marketing HIPAA compliance is a common pitfall. Even simple newsletters can cross the line if PHI is involved, so prioritize encryption, consent, and careful audience segmentation. Regularly review and update your practices to stay ahead of evolving regulations and technology.

At the end of the day, protecting patient trust protects your brand. By weaving compliance into every aspect of your marketing, you not only avoid costly penalties—you build lasting relationships and set your organization apart as a trusted leader in healthcare communications.

FAQs

Can we use patient photos in marketing?

No, you cannot use patient photos in healthcare marketing without explicit, written authorization from the patient. Under healthcare marketing HIPAA rules, a patient’s image is considered protected health information (PHI) because it can identify them and is connected to their healthcare. Even if the intent is positive, such as sharing a patient’s story or a testimonial, you must first obtain their documented consent before using any photos in marketing materials, email campaigns, or on your website.

There are only a handful of very specific exceptions, such as if the photo has been fully de-identified according to HIPAA standards, meaning no part of the image or accompanying information could possibly reveal the patient’s identity. However, true de-identification is rarely practical with photos, so it’s safest to always seek testimonials authorization in writing.

Additionally, the minimum necessary rule applies—only use what’s required for your campaign, and never share more information or imagery than is needed. If you work with a marketing agency or other vendor, ensure they sign a Business Associate Agreement (BAA) to comply with HIPAA. Be mindful of digital marketing elements too: tracking pixels and cookies on web pages featuring patient photos may require additional consent or privacy disclosures.

Bottom line: Always get written authorization from patients before using their photos in any marketing activities, whether that’s social media, email marketing, or your website. It’s not just good practice—it’s the law.

Are tracking pixels allowed under HIPAA?

Tracking pixels—tiny pieces of code used to monitor user interactions—are a hot topic in healthcare marketing HIPAA compliance. Under HIPAA, tracking pixels are only permitted if they do not collect or share any protected health information (PHI) without proper safeguards. If tracking pixels capture or transmit PHI, their use could violate HIPAA regulations unless specific requirements are met.

To use tracking pixels legally in healthcare marketing, the data collected must be de-identified according to HIPAA standards, or you must obtain documented patient consent. Additionally, marketers should follow the minimum necessary standard, limiting the data shared to what is essential for the intended purpose. If third-party vendors process PHI via tracking pixels, a Business Associate Agreement (BAA) must be in place to ensure compliance.

In summary, tracking pixels are not outright banned but are highly restricted. We recommend reviewing every use case carefully, ensuring no PHI is shared without authorization, and always having the proper consent, de-identification processes, and BAAs in place. When in doubt, consult your HIPAA compliance expert to avoid unintended violations.

Do we need a BAA with our marketing agency?

Yes, if your marketing agency will access, receive, or use protected health information (PHI) as part of your healthcare marketing efforts, you absolutely need a Business Associate Agreement (BAA) in place. Under HIPAA, any external partner that interacts with PHI on your behalf—such as an agency managing email campaigns, social media, or digital ads—must sign a BAA to ensure they follow strict guidelines for privacy and security.

The BAA outlines each party’s responsibilities for safeguarding PHI, including how data is de-identified, the minimum necessary standard, and the proper use of tracking pixels or cookies on websites. These measures are crucial because even seemingly harmless marketing activities—like website analytics or collecting testimonials—can inadvertently expose PHI if not managed correctly.

If your agency only works with fully de-identified data and never accesses PHI, a BAA may not be required. However, it’s wise to review your data practices regularly to avoid compliance risks. When in doubt, consult with legal counsel or a HIPAA compliance expert to keep your marketing safe and effective.

What PHI is permissible in newsletters?

When it comes to email marketing HIPAA guidelines, only a very limited type of PHI (Protected Health Information) is permissible in newsletters. As a rule, you must never include any identifiable patient information unless you have explicit, written authorization from the individual. Even then, it’s best to only share the minimum necessary information and ensure your content is relevant to all recipients, not just one person.

If you want to mention patient stories or testimonials in your newsletter, you need signed authorization from the patient concerned. Without this, revealing any detail that could directly or indirectly identify a patient would be a HIPAA violation. For most newsletters, it's safest to use de-identified information—where all personal identifiers have been removed—so that the content cannot be traced back to any individual.

Always avoid including sensitive data such as names, medical conditions, or appointment details unless you have proper consent and meet the “minimum necessary” standard. Instead, focus on general health tips, updates about your services, or educational content that applies broadly. If you use tracking pixels or cookies in your email campaigns, make sure you have clear consent and a BAA (Business Associate Agreement) with any third-party marketing platforms handling PHI.