eBook|11 Feb 2025

Ask a lawyer: Navigating HIPAA compliance for payer marketing

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Healthcare organizations have faced uncertainty since HHS issued guidance on online tracking technologies, leaving marketing, compliance & legal teams questioning what qualifies as PHI & how to handle data shared with non-HIPAA business associates.

In this FAQ, Doriann Cain, a Partner at Faegre Drinker, clarifies these ambiguities—providing expert insights on PHI definitions, payer responsibilities, ad platforms, keyword bidding, click IDs, legal risks & more.

Expect to:

  • Identify who is responsible for preventing the transmission of PHI
  • Understand the risks of using ad platforms in healthcare
  • Learn about the AHA lawsuit & its potential impact
  • Discover what steps payers should take to stay compliant

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