I read an interesting piece in The New York Times the other day: virality is dead.
And when you think about it...it kinda feels true, right?
Remember the dress (blue or gold)? The ocean-spray-skateboarding dude (what a vibe)? The Ice Bucket Challenge (maybe the most viral thing ever)? Those were transcendent internet moments. Everyone saw the same thing at the same time.
Now? Everyone’s feed is too personalized for that. Your algorithm knows what you like, my algorithm knows what I like, and no two internets look the same. Add in the fact that social isn’t fun and innocent anymore. It’s optimized for ad dollars, eyeballs, and influence, and the viral moment has officially gone the way of Vine.
I don't really have a point here. I guess this is just my “old man yells at cloud” moment. Either way, it's sad. So without a better transition, let’s just move on to this week’s newsletter.
Early access to consent management
We're headed to California
AEP 2026 is here
A new marketing-related HIPAA violation
Let's get to it...
Product Update: Early Access Opportunity
The patchwork of state privacy laws is growing by the day, and healthcare marketers need a simple, compliant way to manage visitor consent.
We’re building a new consent manager to make that possible. It's easy to set up, fully compliant, and designed for healthcare.
We’re opening an Early Access Program for customers who want to be the first to try it and shape how it works.
Interested in joining? Contact your Freshpaint Account Manager, or reply to this email, to reserve your spot!
Upcoming Freshpaint LIVE Events
Join a growing community of healthcare marketers, digital leaders, and privacy champions who are rewriting the rules of patient engagement. At Freshpaint LIVE, you'll connect face-to-face with industry peers, learn from bold innovators, and explore how to deliver high-performance marketing without compromising patient privacy.
This is your front-row seat to real-world strategies, practical insights, and candid conversations that are shaping the future of healthcare marketing. We’re bringing the community to you. Check out where we are headed next below.
📍 Javier's 536 Spectrum Center Dr, Irvine, CA 92618
Join us for an evening of conversation and connection with healthcare marketing leaders at Javier’s, where authentic Mexican heritage meets modern sophistication. Enjoy bold flavors, handcrafted cocktails, and one of the largest tequila collections in the world while networking with fellow healthcare professionals. Save your seat now!
📅 Tuesday, October 28 - Wednesday, October 29, 2025
📍 Virtual
Tune in to Scaling Up, hosted by Cardinal Digital on October 28–29, where our very own Ray Mina, CMO of Freshpaint, joins a powerhouse panel on: Measuring What Matters: ROI and Attribution in Healthcare
On-Demand Webinar Discover how Priority Health built a seamless, privacy-first data-to-performance pipeline that actually delivered results. In this on-demand webinar, see how Amsive and Freshpaint combined predictive modeling with compliant data strategies to drive real member retention, without compromising on privacy. You’ll learn how smarter, data-driven targeting can cut campaign costs, reach at-risk members across channels, and turn privacy into a performance advantage.
In this on-demand webinar, legal and marketing experts break down the latest regulations targeting pixels and cookies in healthcare marketing — and share actionable strategies to help payers stay compliant without compromising digital performance.
Fresh Content: AEP is Here
AEP 2026 is officially here. And this year, payer marketers face a tougher landscape than ever. Between new privacy regulations, AI-driven consumer research, and the rise of digitally savvy seniors, the traditional Medicare playbook is due for a rewrite.
In our latest webinar, Craig Blake (Amsive) and Aaron Mauck (Oboe Insights) unpacked how payer marketers can thrive in this new era. Their biggest takeaway?
The worst thing you can do is nothing.
Here’s the short version:
Digital seniors are here. They’re self-serving online, skipping phone calls, and judging brands by their landing pages.
Privacy platforms are essential. HIPAA alone won’t cut it — first-party data and privacy-safe infrastructure are now table stakes.
Retention beats acquisition. The smartest marketers are tracking first-year retention and investing in member experience to drive loyalty.
AI is rewriting search. “Answer Engine Optimization” (AEO) is the next frontier. If your content isn’t structured for AI, it won’t show up in future searches.
Not pixel-related, but still a marketing-related HIPAA violation: Cadia Healthcare Facilities just reached a HIPAA settlement with OCR for disclosing patient PHI in online “success stories.”
According to OCR, Cadia published patient names, photos, and treatment details on its website without obtaining valid HIPAA authorizations, impacting roughly 150 patients. The organization agreed to pay $182,000 and implement a two-year corrective action plan, including updated policies, workforce training, and notification to affected individuals.
It’s a reminder that compliance lapses in marketing don’t always involve pixels or cookies.
