Protected Health Information (PHI): A Guide for Marketing Teams for Dermatology Practices
In the highly regulated healthcare space, dermatology practices face unique challenges when it comes to digital advertising. Managing Protected Health Information (PHI) while still running effective Google and Meta ad campaigns requires specialized knowledge and tools. Skin conditions are often visible and stigmatized, making privacy concerns heightened for dermatology patients compared to other medical specialties. This guide breaks down what marketing teams in dermatology need to know about maintaining HIPAA compliance while maximizing their digital marketing performance.
The Compliance Risks in Dermatology Digital Marketing
Dermatology practices face several specific compliance threats when implementing digital marketing strategies:
1. Before/After Image Tracking Exposes Patient Identity
Before/after treatment photos are powerful marketing tools in dermatology, but tracking users who engage with these images can inadvertently capture PHI. Meta's pixel can associate a user's identity with specific skin condition interests, creating a HIPAA violation. Even if you've obtained consent for using the images, tracking the viewers of these images often occurs without proper authorization.
2. Remarketing to Symptom Researchers Creates PHI
When potential patients research conditions like "cystic acne treatments" or "eczema specialists near me," these search terms become PHI when connected to identifiable information. Standard remarketing tools capture this data by default, putting your practice at risk of violations that carry penalties of $50,000+ per incident.
3. Form Submissions Containing Medical History
Consultation request forms often contain sensitive dermatological history that patients willingly share. Client-side tracking tools like standard Google Analytics and Meta Pixel can capture this information before submission, creating unauthorized PHI transmission.
The Office for Civil Rights (OCR) has made their position clear in recent guidance: "Regulated entities are not permitted to use tracking technologies in a manner that would result in impermissible disclosures of PHI to tracking technology vendors or any other violations of the HIPAA Rules."1
Client-Side vs. Server-Side Tracking: Why It Matters
Most dermatology practices use client-side tracking (standard Google/Meta pixels), where data is sent directly from a user's browser to ad platforms. This approach captures everything – including PHI like skin condition details or before/after photo engagement. Server-side tracking, meanwhile, routes data through your servers first, allowing for PHI filtering before information reaches ad platforms, maintaining both compliance and marketing effectiveness.
The Solution: PHI-Safe Tracking for Dermatology Marketing
Implementing HIPAA compliant dermatology marketing requires both technical solutions and process changes:
How Curve's PHI Stripping Works
Curve implements a dual-layer PHI protection system specifically designed for dermatology practices:
Client-Side Filtering: Curve's first-party script analyzes data before it leaves the browser, identifying and removing potentially sensitive information like specific skin condition keywords, treatment inquiries, and personal identifiers from form submissions.
Server-Side Verification: All data then passes through Curve's HIPAA-compliant servers, where advanced pattern matching detects and strips any remaining PHI before securely transmitting conversion data to Google or Meta via their server APIs (CAPI).
Implementation for Dermatology Practices
Getting started with Protected Health Information compliant tracking involves:
EMR/Practice Management Integration: Curve connects with common dermatology platforms like Nextech, Modernizing Medicine, and Practice Fusion to ensure consistent patient data handling across systems.
Skin Condition Keyword Mapping: Custom configuration to identify dermatology-specific terms that constitute PHI when associated with identifiable information.
Consent Management: Implementation of specialized consent collection for dermatology patients, separating marketing opt-ins from treatment authorizations.
BAA Execution: Curve provides a Business Associate Agreement specifically addressing dermatology marketing activities and data handling.
Optimization Strategies for Compliant Dermatology Marketing
Once your PHI-free tracking is established, these actionable strategies can maximize results:
1. Condition-Based Conversion Events Without PHI
Create condition-category conversion events rather than specific diagnosis tracking. For example, track "acne consultation booked" instead of the specific acne type mentioned. This approach maintains HIPAA compliance while still providing valuable marketing data about which service lines generate interest.
2. Leverage Enhanced Conversions Safely
Google's Enhanced Conversions and Meta's CAPI improve ad performance by securely matching conversion data with user identities. Curve's server-side integration ensures dermatology practices can benefit from these advanced features while preventing the inadvertent sharing of skin condition details or treatment specifics with ad platforms.
3. Implement "Procedure Interest" Tracking
Rather than tracking specific medical details, configure your system to track general interest categories. A user browsing "Botox treatments" can be tracked as interested in "cosmetic procedures" rather than storing the specific treatment, maintaining both marketing effectiveness and compliance.
Ready to run compliant Google/Meta ads?
Book a HIPAA Strategy Session with Curve
References
1 HHS Office for Civil Rights. "Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates." December 2022.
2 American Academy of Dermatology. "Privacy in Dermatology Marketing: Best Practices." 2023.
3 National Institute of Standards and Technology. "Protecting Controlled Unclassified Information in Non-federal Systems." Special Publication 800-171, 2020.
Dec 29, 2024