HIPAA-Safe Healthcare Marketing: What You Can Say

Quick Summary

• You can market your practice safely by focusing on education, services, and process, not patient-specific stories.
• If the content includes anything that could identify a patient (photos, testimonials, detailed stories, review replies), assume it may contain PHI and proceed with caution.
• Most patient stories, before-and-after photos, and testimonials require written authorization to use in marketing.
• Responding to online reviews is a common risk area, so keep replies generic and avoid confirming someone is a patient.
• Website tracking tools (pixels, analytics, chat widgets) can create HIPAA risk; review the data being shared and whether you need a BAA.
• A simple internal checklist and approval process helps your team publish consistently without guessing.

Healthcare marketing is a balancing act. You want to educate patients, grow your practice, and stand out online without accidentally sharing something that counts as protected health information (PHI).

The good news is you do not have to “play it safe” by going silent. You just need clear boundaries. In most cases, HIPAA-safe marketing comes down to this: talk about what you do and how you help, not who you helped.

This guide breaks down what you can say in your marketing, what typically requires written patient authorization, and common pitfalls that can put practices in trouble (especially testimonials, before-and-after photos, review responses, and website tracking tools).

Quick note: this is marketing guidance, not legal advice. If you have a compliance officer or healthcare attorney, it is always smart to involve them in your internal process.

Now let’s start with the basics: what HIPAA “marketing” actually means in plain English.

What HIPAA “Marketing” Actually Means (In Plain English)

Under HIPAA, “marketing” is generally a communication that encourages someone to purchase or use a product or service.

That sounds like… most marketing, right? Here’s the nuance: HIPAA is mainly triggered when you use or disclose PHI as part of that marketing.

The U.S. Department of Health & Human Services (HHS) marketing guide also includes important carve-outs where a message is not considered “marketing,” including certain communications related to treatment and healthcare operations (as long as there is no “financial remuneration” in specific ways).

HHS also notes that if something meets the definition of marketing, it is generally not permitted unless you obtain proper authorization, with limited exceptions such as face-to-face communications or a small promotional gift.

The Simple Rule: If It Includes PHI, Slow Down

PHI is not just a diagnosis or medical chart.

In marketing, PHI can be:

• A before-and-after photo that can identify a patient
• A testimonial that references treatment details
• A “success story” with enough specifics that a neighbor could guess who it is
• A reply to a public review that confirms the person is your patient

When in doubt, assume: if the content connects a person to care, it may be PHI.

What You Can Say Safely (Without Patient Authorization)

Here are the safest lanes for healthcare marketing, as they can be done without patient-specific information.

Bold rule of thumb: talk about your practice and your expertise, not someone’s care.

Educational content (general, not patient-specific)

This is the best long-term play for SEO and trust:

• “What to expect from a first visit”
• “When to consider physical therapy”
• “How to prepare for a colonoscopy”
• “What parents should know about sports physicals”

This content helps patients and drives search traffic, without referencing any identifiable individual.

This is exactly the kind of content-driven strategy we support through our digital marketing services for healthcare brands that want sustainable growth without compliance headaches:

Services, providers, and process

Safe topics include:

• Your services and specialties
• Provider bios and credentials
• Office tour content (without patients in frame)
• Scheduling info and what insurance you accept
• Payment options and financing (if applicable)

Practice updates

Examples:

• New hours
• New location
• New provider joining the team
• Seasonal appointment reminders (worded carefully)

HHS has also clarified that communicating with patients about their care (such as reminders) is permitted, but you should limit the information you disclose (e.g., to name/number and appointment confirmation).

De-identified stories (done correctly)

If you love storytelling, you can still do it. Just don’t “half de-identify.”

HHS describes two recognized de-identification approaches:

• Expert Determination
• Safe Harbor (removing specific identifiers and ensuring you do not have “actual knowledge” the person could still be identified)

This is the difference between:

• “A patient came to us after struggling for months…” (might still be identifiable depending on context)
  vs.
• A carefully de-identified scenario that avoids details like exact dates, unique circumstances, location specifics, or rare conditions.

What Typically Requires Written Patient Authorization

If you want to use a real patient’s story, image, or words for marketing, plan on getting a HIPAA-compliant authorization.

Common examples:

• Testimonials you post on your site or social media
• Before-and-after images
• Video clips of a patient in your office
• Patient spotlight posts
• Case studies that include identifiable details

HIPAA’s marketing rules and authorization expectations come up fast here. HHS explains that communications that meet the definition of marketing generally require authorization, and if marketing involves certain third-party payments, the authorization must say that.

If you are thinking: “But the patient said it was okay verbally,” treat that as a red flag. Marketing permission should be written, specific, and properly stored.

The Online Review Trap: Where Practices Slip Up

Online reviews feel public, but your response is still under HIPAA.

Even if a reviewer says, “Dr. Smith treated my back pain,” your practice generally should not confirm the relationship or add details. A safe reply avoids acknowledging patient's status.

Why this matters: OCR enforces HIPAA through complaints and investigations, and practices can get pulled in quickly if disclosures show up online.

A safer approach:

• Thank them for their feedback
• Invite them to contact your office directly
• Keep the response generic and non-specific

Website Tracking Tools and “Hidden” HIPAA Risk

A lot of healthcare marketing risk is not a post; it is your data tracking stack.

HHS has issued guidance on the use of online tracking technologies by HIPAA-regulated entities, including pixels, analytics tools, chat widgets, and form tools.

The practical takeaway:
If your site is running ad pixels, analytics tools, chat widgets, form tools, call tracking, or scheduling embeds, you need to evaluate:

• What data is being collected
• Whether any of it becomes PHI based on context
• Whether you need a Business Associate Agreement (BAA)
• Whether your use creates an impermissible disclosure

This is one of the most common “surprise” compliance issues we see in healthcare marketing audits.

The “Minimum Necessary” Mindset (Even in Marketing)

HIPAA’s “minimum necessary” standard is a helpful filter: limit uses/disclosures to what is reasonably needed for the purpose.

Even when you are allowed to communicate (like reminders), keep the content tight:

• Avoid diagnosis details
• Avoid treatment specifics
• Avoid any extra context a third party could interpret

A HIPAA-Safe Content Checklist Before You Hit Publish

Use this quick review every time:

• Does this content include a patient’s face, voice, name, or identifying detail?
• Could someone recognize the patient from context (location, timeline, unique story)?
• Are we responding to a review in a way that confirms the patient's status?
• Are we sharing screenshots, DMs, emails, intake forms, or appointment details?
• If PHI is involved, do we have a valid written authorization on file?
• If this is website tracking-related—do we know what data is being sent and to whom?

If you get stuck on any one of these, the safest move is: pause, de-identify, or get authorization.

How We Recommend Healthcare Brands Build a Safer Marketing System

The goal is not to market less, it is to market with structure.

A safer system usually includes:

• A content approval workflow (marketing + compliance)
• A standardized authorization process for testimonials/photos
• A “review response” script bank
• A tracking tech audit (analytics, pixels, form tools, chat tools)
• Team training so staff do not post from inside the practice casually

This is the type of structure we help healthcare brands build through our digital marketing and Managed SEO services, especially for practices that need to grow carefully and consistently.

A Clear Next Step for Healthcare Practices That Want to Grow Safely

HIPAA-safe marketing is not about being stiff. It is about having clean boundaries—so your team can publish confidently, your patients feel protected, and your brand can grow without unnecessary risk.

If you want help tightening up your healthcare marketing content, tracking tools, and SEO strategy, contact The Diamond Group to map out a safer growth plan. Start here: schedule a conversation with our team, and we’ll help you build momentum without stepping into the common HIPAA traps.