Optimizing eCommerce Businesses since 2016The term ePHI (electronic PHI) includes any patient information that is stored or shared electronically, typically managed by Hospitals or medical practice data collection that falls under Protected Health Information (PHI) policies. These policies can also apply to medical websites that collect personal data during the acquisition process.
The root term PHI can be interchangeably used to describe Protected Health Information or Personal Health Information, both referring to the data privacy policies that require a secure environment to meet compliance goals before deploying digital assets. In order to successfully leverage digital marketing tools to benefit medical practices, a solid understanding of ePHI and how it relates to HIPAA/PHIPA compliance should be communicated by a reputable digital marketing agency or representative.
There are a few key identifiers that will raise HIPAA compliance flags that will trigger when they are collected together. These personal identifiers include:
- Personal Address Information including Postal/Zip Code
- Social Security Number
- Full or Part Name
- Voice Data
- Biometric Identifiers
- Health Plan or Beneficiary Numbers
- Months or Days associated with an Individual
- Full-face photos
- Any unique identifying numbers, codes, or markers including email, record number, account, vehicle, or device identifiers, including but not limited to geographic information, internet protocol (IP) addresses, or device ids.
The Healthcare Industry is heavily regulated when it comes to digital marketing in the USA and Canada. In order to protect the sensitive private data of individuals, there are specific restrictions and procedures that provide standardized best practices for websites or applications.
With stringent regulations in place to safeguard sensitive patient data, navigating the complexities of digital marketing in the healthcare sector requires a keen understanding of compliance standards and best practices. From HIPAA in the USA to PHIPA in Canada, healthcare organizations must tread carefully to ensure that their digital marketing efforts remain both effective and compliant. In this guide, we explore the intricate web of regulations governing healthcare digital marketing in the USA and Canada, offering insights into compliance standards, accessibility, and data privacy policies.
The Regulatory Landscape: HIPAA Compliance in the USA
The Health Insurance Portability and Accountability Act (HIPAA) sets forth strict guidelines for the protection of patients’ private health information in the United States. Any digital marketing efforts within the healthcare industry must adhere to HIPAA regulations to prevent unauthorized access or disclosure of sensitive patient data. From secure data storage to encrypted communication channels, HIPAA compliance is non-negotiable for healthcare organizations engaging in digital marketing activities.
PHIPA Compliance in Canada:
In Canada, the Personal Health Information Protection Act (PHIPA) governs the collection, use, and disclosure of personal health information. Similar to HIPAA, PHIPA establishes stringent requirements for safeguarding patient privacy and ensuring the security of health information. Healthcare organizations operating in Canada must comply with PHIPA regulations to avoid penalties and protect the confidentiality of patient data in their digital marketing endeavors.
Considerations for Healthcare Websites and Applications:
Industry Compliance:
Healthcare websites and applications must adhere to industry-specific compliance standards to ensure the security and privacy of patient information. This includes implementing robust security measures, such as encryption and access controls, to protect sensitive data from unauthorized access or disclosure. Additionally, healthcare organizations must comply with regulatory requirements for data retention, patient consent, and breach notification to maintain compliance with HIPAA and PHIPA.
GDPR Compliance:
In addition to domestic regulations, healthcare organizations operating in Europe or targeting European customers must also comply with the General Data Protection Regulation (GDPR). GDPR establishes strict requirements for the collection, processing, and storage of personal data, including health information. Healthcare websites and applications must obtain explicit consent from users before collecting any personal data and ensure that data processing activities comply with GDPR requirements to avoid hefty fines and penalties.
Accessibility:
Accessibility is another critical consideration for healthcare websites and applications, ensuring that individuals with disabilities can access and use digital content effectively. Healthcare organizations must design and develop digital assets with accessibility in mind, incorporating features such as alt text for images, keyboard navigation, and screen reader compatibility. By prioritizing accessibility, healthcare organizations can enhance the user experience for all individuals, regardless of their abilities or disabilities.
Data Privacy Policies:
Clear and transparent data privacy policies are essential for healthcare websites and applications, informing users about how their personal information will be collected, used, and protected. Healthcare organizations must clearly communicate their data privacy practices to users, including details about data collection methods, purposes, and retention periods. By maintaining comprehensive data privacy policies, healthcare organizations can build trust with users and demonstrate their commitment to protecting patient privacy.
Ensuring Compliance Through Testing: Secure Testing Environments
One effective strategy for ensuring compliance in healthcare digital marketing is to establish secure testing environments for digital assets. By creating controlled environments for testing website functionality, data security, and accessibility, healthcare organizations can identify and address compliance issues before deploying digital assets to production environments. Secure testing environments help mitigate the risk of breaching HIPAA or PHIPA compliance and ensure that digital marketing efforts meet regulatory requirements.
Partnering with Compliance Experts:
To successfully leverage digital marketing tools in the healthcare industry, organizations must partner with compliance experts who possess a solid understanding of HIPAA and PHIPA regulations. Digital marketing agencies or representatives should be well-versed in healthcare compliance standards and best practices, offering guidance and support to ensure that digital marketing efforts remain compliant with regulatory requirements. By partnering with compliance experts, healthcare organizations can navigate the complexities of healthcare digital marketing with confidence and peace of mind.
Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act (HIPAA) regulates the use of data for advertising and marketing purposes within the medical industry. This includes a variety of provisions to keep confidential patient data safe, including a security policy for storage and encryption, as well as a limitation on how long the data may be kept depending on the purpose it is being used for. In America, the regulation of PHI can be illustrated across several agencies including The Department of Agriculture, Food and Drug Administration (FDA), and Federal Trade Commission (FTC). This means that within sensitive industries such as healthcare or medical clinics, every acquisition in search marketing must be HIPAA/PHIPA compliant.
ePHI Data Examples
- Any appointments or scheduling information hosted on an e-calendar
- Any historical administrative information, such as electronic prescriptions, digital x-rays, MRIs, lab result data or patient notes stored on mobile devices. Consider having data policies that encrypt this data on third-party sites in case of physical theft or server emergencies.
- HIPAA regulations set the standard for the transmission, storage, receipt and creation of any ePHI to ensure the following:
- Administrative requirements, such as documenting who has access to what data
- Physical requirements, such as security features to prevent theft of devices that contain sensitive data or ePHI
- Technical requirements, such as encrypting sensitive information or forcing password policies to update security information on a quarterly basis, or other security components that are in place to prevent data breaches
What is NOT Covered Under ePHI?
- Any third-party health app for any application that was created without the explicit use of a physician
- Any data that is not stored by a HIPAA-covered entity or business associate
- Any de-identified or anonymized data that follows secure processes to strip or encrypt any identified private data sets or identifiers
Breaching HIPAA compliance when collecting ePHA is as easy as using Google Analytics to capture the Web URLs visited along with device IDs and allowing the wrong Personal Identifiable Information (PII) to be entered by users. This also includes geolocation, page URLs and titles, or any custom data imports collected by third parties.
Compliance Breach Considerations (HIPAA)
- Medical practices, Med Spas, Pharmaceuticals, and Dentists must report breaches of unsecured PHI
- Notifying Impacted Individuals varies by how many are affected by the breach, typically measured by 500 or less for a less serious breach and 500 or more for a more severe response plan
- When a breach impacts 500 or more individuals it is considered meaningful and must be reported within two months (60 days) of the breach discovery. Any significant breach must also notify the following branches of public service:
- Secretary of Health and Human Services
- Individuals affected by security breach
- Prominent Media in jurisdictions where victims of data breaches reside
ePHI Compliance for Canadian Medical Data Collection (PHIPA)
Collecting and processing personal data (ePHI) in Canada should be compliant with PHIPA laws for a specified purpose only. It is also the responsibility of all physicians and advertisers to comply with the rules and regulations of the Food and Drug Act (FDA) and Controlled Drugs and Substances Act (CDSA). This can be particularly difficult for industries within the Cannabis space as it is highly regulated. This is to prevent misleading advertising or marketing claims that can disrupt trust in the healthcare industry. All advertisements must be evidence-based, accurate, and not misleading.
Compliance issues often occur during the implementation of marketing technology, such as Google Analytics. Including PII on custom campaign parameters for advertising campaigns can cause issues for ePHI privacy compliance. Google Analytics has several features to help prevent the collection of PII and avoid HIPAA breaches, including several permanent personal identifiers including mobile phone unique device IDs.
Analytics Considerations for Privacy Compliance
- Geolocation data cannot be fine-grained or contain GPS information for any area less than 1 square mile, including lat/long coordinates
- This includes Postal or Zip codes that can be mapped to a specific area or residence
- Do not use Custom dimensions, including:
- utm_source
- utm_medium
- utm_term
- utm_campaign
- utm_content
In order to establish a standard of Internet Privacy, ePHI must be processed responsibly and demonstrate compliance with applicable data protection laws. Big brands and corporations have the accountability to meet privacy standards for users regardless where they are hosted. These policies are applied internationally for US and Canadian citizens regardless of the location of the company that operates the website.
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