Healthcare marketing compliance

HIPAA (Health Insurance Portability and Accountability Act) protects patient health information. Marketing activities must not expose or misuse protected health information (PHI).^[1]

Patient testimonials require explicit written authorization. Even with consent, certain sensitive information should never be shared.^[1]

Review responses must be careful. Acknowledging someone is your patient without consent can be a HIPAA violation.

Retargeting and tracking require caution. Tracking pixels on health-related pages could expose PHI.

The FTC requires that advertising claims be truthful, not misleading, and substantiated.^[2]

Testimonials must reflect typical results or include clear disclosures about expected outcomes.^[2]

"Guaranteed results" or "cure" language for medical treatments is generally prohibited.^[3]

Any material connections (paid endorsements, affiliate relationships) must be disclosed.^[2]

State medical boards may have additional advertising restrictions that vary by state.

Some states restrict price advertising or require specific disclosures.

Claims about being "best" or "#1" may require substantiation or may be prohibited.

Board certifications and credentials must be accurately represented.

Focus on educational content rather than promotional claims.

Get written authorization for any patient testimonials or case studies.^[1]

Avoid guaranteeing outcomes or using "cure" language.^[3]

Accurately represent credentials, certifications, and affiliations.

Include appropriate disclaimers when discussing treatments or outcomes.

Train staff on HIPAA requirements for social media and review responses.