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.
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.
PHI is not just a diagnosis or medical chart.
In marketing, PHI can be:
When in doubt, assume: if the content connects a person to care, it may be PHI.
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.
This is the best long-term play for SEO and trust:
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:
Safe topics include:
Examples:
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).
If you love storytelling, you can still do it. Just don’t “half de-identify.”
HHS describes two recognized de-identification approaches:
This is the difference between:
If you want to use a real patient’s story, image, or words for marketing, plan on getting a HIPAA-compliant authorization.
Common examples:
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.
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:
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:
This is one of the most common “surprise” compliance issues we see in healthcare marketing audits.
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:
Use this quick review every time:
If you get stuck on any one of these, the safest move is: pause, de-identify, or get authorization.
The goal is not to market less, it is to market with structure.
A safer system usually includes:
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.
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.