The Department of Health & Human Services (HHS) has released new guidelines regarding HIPAA regulations that directly impact healthcare organizations’ digital strategies. While many dental practices are aware of HIPAA’s effect on in-office procedures, fewer understand how it applies to their websites and marketing activities. From online contact forms to tracking pixels, and email or SMS marketing, patient information may be collected and transmitted regularly. But is that data protected to HIPAA standards?
If your practice is collecting personal health information (PHI) online, HIPAA requires more than just a password. PHI must be encrypted, stored on HIPAA-compliant servers, and only accessible by authorized personnel. Additionally, third parties who handle PHI must be covered under a Business Associate Agreement (BAA) to ensure that patient information is safeguarded. Is your website and marketing data compliant?
The Growing Concern Over Digital Patient Privacy
In recent years, the focus on digital patient privacy has intensified. Legal experts, government officials, and the media have scrutinized online practices that expose sensitive information to hackers or noncompliant third parties.
In 2022, a national investigation revealed that many major health systems had improperly used Meta’s tracking pixels, sharing sensitive patient data such as names, health conditions, and doctors’ names with Meta (Facebook’s parent company). While this data was intended to optimize ad campaigns, Meta’s data storage methods are not HIPAA-compliant, and they could use this information for their own financial gain.
In response, both HHS and the Department of Justice have ramped up efforts to protect online patient privacy. These federal departments have introduced new guidelines, targeted organizations that misused data, and called for more funding to enhance digital privacy protection.
What This Means for Your Dental Practice
With growing legislative action, dental practices must navigate new privacy laws, many of which are set to take effect between 2024 and 2026. Failing to comply can result in significant penalties, including civil and criminal fines for HIPAA breaches, which are calculated per exposed patient record. Beyond avoiding legal trouble, taking steps to protect patient data can also future-proof your practice as privacy laws continue to evolve.
Conduct a Digital Audit of Your Practice
To ensure your dental practice complies with HIPAA and other privacy laws, it’s essential to evaluate your digital presence:
- Does your website, marketing analytics, or other tools collect any PHI that requires additional protection, such as names, phone numbers, email addresses, birth dates, insurance details, or medical history?
- Are you using HIPAA-compliant tools for data collection and storage? If not, consider upgrading—though these tools may cost more, they can enhance your marketing by allowing you to gather more robust data.
- Do you have a Business Associate Agreement (BAA) in place with all third-party platforms that handle or have access to patient data?
Prioritize Transparency
Communicating clearly with patients about how their data is collected and used is critical. Some states have specific requirements for this type of disclosure:
- Review and update your privacy policy and terms of service regularly.
- Implement opt-in cookie consent for website visitors.
- Be prepared to provide patients with access to their data or delete it upon request, in accordance with relevant laws.
Stay Updated on Evolving Privacy Laws
As more states pass privacy legislation, such as the California Consumer Privacy Act, dental practices need to stay informed. HHS has also updated its guidance, requiring healthcare websites to comply with WCAG 2.1 AA accessibility standards by May 2026 for large organizations and May 2027 for smaller ones. These rules will apply not just to websites but also to social media, email, and in-person communications.
Keep your compliance team and legal counsel in the loop and consult legal resources if needed to stay ahead of regulatory changes.
Invest in Future-Proof Technologies
Traditionally, dental practices have focused their marketing budgets on advertising and design rather than analytics. However, investing in HIPAA-compliant tools and tracking technologies is crucial for staying ahead of state and federal regulations. This not only protects your practice but also enables you to collect richer, more integrated data, offering better insights into your marketing ROI and allowing for more effective budget allocation.
Ensuring your practice’s digital operations comply with HIPAA and new privacy laws will safeguard you from costly lawsuits and build patient trust, while also strengthening your marketing capabilities for the future.