Tim Duer
Marketing, Healthcare, Monthly Survey
October 7, 2024
After months of uncertainty, the U.S. Department of Health and Human Services (HHS) announced on August 22, 2024, that it would withdraw its appeal of a decision deeming the HHS restrictions for using third-party tracking technologies as a violation of Health Insurance Portability and Accountability Act (HIPAA) guidelines.
This saga began in December 2022 when an OCR (Office of Civil Rights) bulletin declared the use of tracking technologies on healthcare websites a violation of HIPAA. The bulletin triggered widespread concern in healthcare marketing, leading many organizations to quickly remove tools like Google pixels that had become standard in digital marketing. These tracking tools are crucial for re-targeting and engaging with interested consumers, but the OCR’s stance pushed healthcare marketing teams back to a more rudimentary approach, operating without the data insights that had become routine.
Fearing potential fines and the risk of a public relations disaster from a HIPAA breach, many health systems opted to avoid challenging the bulletin. However, in November 2023, the American Hospital Association (AHA) and several hospitals sued HHS OCR, arguing that the restrictions exceeded HHS’s authority. The legal battle lingered until a June 2024 ruling agreed that the restrictions were unlawful. The final resolution came in August when HHS announced it would not appeal the decision.
So, does this mean marketing teams can now freely embrace consumer tracking and messaging? Not so fast.
While the removal of these restrictions alleviates some of the fears surrounding litigation and fines, it doesn’t eliminate the need for vigilance in maintaining public trust. In the era of healthcare consumerism, trust is paramount. A June 2024 survey by Causeway Solutions found that 47% of consumers trust their local hospital, but that figure drops to 26% for the healthcare system as a whole.*
Any perceived breach of trust or misuse of data can affect a patient's willingness to share information openly with their care team. Healthcare marketing teams must navigate the delicate balance between delivering targeted messages and avoiding the impression that they’re intruding on patient privacy.
Savvy marketing teams will seize this opportunity to enhance their strategies, using advanced tools like predictive analytics and website tracking to engage a smaller, more relevant audience with tailored messages. The goal is to connect effectively without crossing into the realm of invasive targeting that raises questions about how much the organization knows.
As new technologies and regulations evolve, it’s crucial to remember that these tools are only as good as the teams that use them. They can elevate effective teams to new heights, but they must be wielded with care and respect for patient privacy.
Causeway Solutions offers HIPAA-compliant, individual-level data to create campaign strategies for multi-channel marketing campaigns. Learn more about our Advanced Audiences for healthcare by downloading our guide of more than 70 exclusive healthcare audiences. Contact us at [email protected].
Tim Duer is Vice President of Data Analytics & Strategy at Causeway Solutions, a leading provider of Acquisition Analytics and innovative data services. Tim leads market research, audience analytics, AI and data management for healthcare clients. As a former physical therapist and operations director of ambulatory practice at a large, multi-hospital health system, Tim uses his balanced background of hands-on clinical care and business understanding to develop novel approaches to the rapidly evolving healthcare marketplace. Causeway Solutions empowers clients to make smart, timely, data-driven decisions through real-time consumer insights to better reach target audiences.
*About Causeway Solutions’ Monthly Surveys
Causeway Solutions conducts a monthly online survey of 800+ U.S. Adults age 18+. The data provides snapshots into consumer attitudes and behaviors, which support industry trends. Insights include optimism about the economy, plan to purchase and media usage. Causeway Solutions offers key industry profiles, including healthcare, entertainment, sports, travel, restaurants and more.
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