Ever have one of those weeks where it's only Wednesday, but it feels like it should be Friday?
That's exactly how this week has felt for me. The sheer volume of healthcare privacy news flooding in from every direction has made the days feel much longer than they actually are.
I'll run through the biggest ones before we dive into today's newsletter:
All of that, and the news I didn't even include in here, follows a similar theme: data privacy is important to the citizens, lawmakers, and the courts.
Let's dive into today's newsletter because I've got more on that topic...
Product Update
One of our most-loved products just got an update to make it even more loved. Web Tracker Manager (WTM) scans your entire website to help you monitor and manage any trackers.
However, not every page on your site needs to be crawled—like your careers page, which likely doesn’t contain health information and wouldn’t involve PHI-collecting trackers.
To address this, we’ve introduced a new exclusions feature in Web Tracker Manager. Now, you can specify which pages should be excluded from WTM scans, allowing you to focus on monitoring only your pages that might contain health information and their trackers.
Freshpaint LIVE is all about bringing healthcare marketing leaders together to share insights, connect, and learn – all without a sales pitch in sight. You’ll have the chance to engage with peers, exchange ideas on creating high-performance campaigns, and enjoy the The Office, an intimate speakeasy located below The Aviary.
Join healthcare digital marketing expert Glenn Elliott from Hackensack Meridian Health and Freshpaint’s VP of Marketing Ray Mina and learn why a privacy-first approach is crucial, learn how to identify key performance metrics, and get insights into the future of healthcare marketing analytics. Save your spot.
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.
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.
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.
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.
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 theFreshpaint events page. Let's hang out online or in-person soon!
Freshpaint's Compliant Corner
Here’s a not-so-fun fact: privacy is not a constitutional right in the United States. Despite that, privacy is still important to U.S. citizens, courts, and lawmakers. Throughout various court rulings and laws over the years, the government has affirmed that US citizens do have the right to privacy, not just in our homes but with our data as well.
This is why HIPAA exists. This is also why state-level data privacy laws are becoming a Big Deal.
Currently, twenty different states have data privacy laws that healthcare marketers need to be aware of. But these twenty state laws + HIPAA are creating a lot of complexity and confusion for healthcare organizations.
Remember back in June when a district court in Texas struck down part of the HHS guidance about the use of web tracking technologies?
If not, here's a quick reminder: the court’s ruling kept most of the guidance in place, but stated that the “proscribed combination” is not Protected Health Information (PHI). Proscribed Combination = IP Address + Health Information on a public-facing website.
Since that ruling, healthcare organizations have been waiting for HHS’s response. Legal experts expected HHS to appeal this ruling, and it finally happened last week.
HHS officially filed a Notice of Appeal with the U.S. Court of Appeals for the Fifth Circuit over the previous court's decision.
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