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Hey there,

There’s no debating it: the past week in the US has been tense. Everyone glued to their TVs, watching two sides battle it out with rallies of support from both corners.

 

Overanalyzed sound bites, confusing strategies, and moments that will keep us talking for months. The stage is set for more twists and turns, all leading to the question on everyone’s mind: 'Who will win the Super Bowl?'

 

Yes, the NFL is back. Did you think I was talking about something else?

 

As usual, the 49ers and Chiefs are looking good. But I'm rooting for the Lions to go all the way. So many years of losing, they deserve a big win. 

 

I really can't think of anything more important in the US right now than the NFL...although healthcare data privacy is up there.

 

How about that for a transition? 

 

Anyway, in this week's newsletter, we've got:

  • A survey we need your input on
  • News about upcoming Freshpaint LIVE events
  • A healthcare lawyers take on the AHA lawsuit
  • An article from Axios explaining that HIPAA isn't built for data privacy in 2024

Let's get to it...

Product Update

 

Insight needed!

 

We're always looking to understand how different tactics and tools fit into a healthcare org's privacy strategy. This week, we're diving deep into consent managers. 

 

If you have 3 minutes, we’d love to hear your insights on how consent management fits into your overall strategy. Your feedback will help us better understand the specific features or capabilities you value most—whether it’s simplifying processes or ensuring compliance with privacy regulations. 

 

Willing to help us out? Click here to take the survey.

Upcoming Events 

FPLIVE SF - Title Only

Freshpaint LIVE in San Francisco

MICHELIN Star Dinner

Location: The Progress
Date & Time: Thu, Sep. 19 @ 6:30PM

Join us at The Progress in San Francisco on September 19. We'll bring together healthcare and marketing heavy hitters to network, share insights, and discuss the evolving landscape of healthcare privacy with you. Sales pitch? Not happening. A delicious award winning meal with a chance to connect with your peers? Absolutely. This is an evening you won’t want to miss at one of SF’s most celebrated restaurants! Sign up for more info. 

FPLIVE Nashville Title only

Freshpaint LIVE in Nashville

Tee Time at Topgolf during AHIP's Consumer Experience & Digital Health Forum

Date & Time: Wed, Sep. 25 @ 6PM

Location: Topgolf Nashville

Join us and our friends at Phase2 for a night of networking, learning, and a little friendly golf competition at Topgolf! Engage with industry peers, explore strategies for high-performance campaigns, and enjoy a relaxed atmosphere with food, drinks, and a hole-in-one networking experience. Whether you're a seasoned golfer or a first-timer, this event offers the perfect mix of valuable industry insights and fun without the pressure of a sales presentation! Sign up for more info. 

Future of HC Privacy

The Future of Health Care Privacy: What Payers Need To Know

LIVE WEBINAR WITH AHIP

Date & Time: Wed, Oct. 23 @1PM ET

 

In this webinar, Jennifer Pike, a health care privacy lawyer at Alston & Bird, and Freshpaint’s VP of Marketing, Ray Mina, will explore the recent privacy regulations impacting health care providers and discuss strategies for payers to proactively prepare for establish a strong preventative defense against potential legal and regulatory challenges.

Save your spot.

fplive_la_-_just_logos

Freshpaint LIVE in Los Angeles

Vikings vs. Rams

Date & Time: Thu, Oct. 24 @ 4PM

Location: SoFi Stadium 

Freshpaint LIVE is headed back to LA! Get ready to take networking to the next level in style. Join us at an LA Rams game in a private cabana—a front-row experience unlike any other. Whether you’re strategizing new ideas, sharing tips on privacy-first marketing, or just soaking in the action, you’ll be in great company. This is your chance to connect with like-minded pros and learn how they’re balancing the need for personalization with the demand for privacy in healthcare marketing. Sign up for more info. 

Event Replay

 

What the AHA Lawsuit Ruling Means for the Future of Privacy in Healthcare

On-demand Webinar

On June 20, 2024, a federal judge ruled that an IP address and a visit to a specific webpage do not constitute protected health information (PHI), sparking speculation about the future of healthcare privacy. However, most risks remain unchanged, and the stakes are higher than ever. In this on-demand webinar, a healthcare law expert will explain the four key risk areas in healthcare privacy.

 

Using Maps to Lift Conversion Rates and Protect Patient Privacy

On-demand Webinar

Embedded maps are a must if you want to improve access to care, elevate user experiences, and boost conversion rates. However, the technology behind those maps can raise questions about privacy. Watch and learn the importance of maps in the patient experience and how to deliver it without compromising privacy.

 

Check out the rest of our on-demand webinars and in-person events on the Freshpaint events page. Let's hang out online or in-person soon! 

Freshpaint's Compliant Corner

The AHA lawsuit ruling about HHS's online tracking tech guidance is months old at this point. But, it's still not old news because there's been a lot of confusion and noise around what actually happened in that ruling.

 

To help everyone focus on what actually matters from that ruling, we talked to a healthcare lawyer, Jennifer Pike, about the ruling. We asked her a ton of frequently asked questions and put all of her answers into an article. 

 

Among the questions we asked:

  • Has there been any significant change in how healthcare organizations should operate concerning the HHS guidance, or are things largely the same as before?
  • Does the court ruling mean that it's now permissible to freely share IP addresses under HIPAA?
  • With all the complexities surrounding HIPAA, FTC regulations, and state privacy laws, what practical advice can you offer healthcare organizations to navigate these challenges effectively?

Get answers to those questions and more than a dozen other questions here: What the AHA Lawsuit Ruling Means for the Future of Privacy in Healthcare - a Q&A with Legal Expert Jennifer Pike

Industry News

 

HIPAA isn't sophisticated enough to deal with the data privacy concerns of consumers in 2024. I'm paraphrasing a bit there, but that's essentially what Axios said in a recent article. 

 

But think about it: HIPAA was enacted in 1996, a full two years before Google was founded. And eight years before Facebook was created. Those companies and their data collection practices weren't in the minds of regulators when HIPAA was put in place. In 1996, consumers were more concerned with the reliability of dial-up internet than data privacy.

 

Since 1996, data privacy has become paramount in healthcare, but HIPAA just isn't equipped to deal with it. That's why states are stepping in with their own data privacy laws, and the FTC is stepping up to enforce privacy rules. There's also Congress's bipartisan data privacy bill lurking in the background.

 

Get the scoop from Axios here: Hospitals' legal win shows HIPAA's limits in shielding patient data

Thanks for reading, see you next week! 

 

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