Marketing your ABA practice shouldn’t feel like walking a legal tightrope. At Solid Ground, we specialize in helping autism centers grow through strategic, HIPAA-compliant marketing that respects both your mission and the law. Let’s break down what that means, and how we make it happen.
Why HIPAA-Compliant Marketing Matters for ABA Therapy providers
First things first: What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting sensitive patient data. For ABA providers, this means any marketing efforts must ensure the confidentiality and security of Protected Health Information (PHI).
Why should you care?
Trust: Families entrust you with their child’s care. Maintaining their privacy builds trust.
Legal Obligations: Non-compliance can lead to hefty fines and legal repercussions.
Reputation: A single misstep can damage your clinic’s reputation.
Source: U.S. Department of Health & Human Services (HHS) – HIPAA Overview
Common Marketing Pitfalls (and How to Avoid Them)
1. Using Non-Compliant Platforms
Platforms like standard email services or generic CRMs may not offer the necessary safeguards for PHI.
Solution: Use platforms that are explicitly designed for healthcare marketing and offer Business Associate Agreements (BAAs).
2. Sharing Testimonials Without Consent
Even a positive review can violate HIPAA if shared without proper authorization.
Solution: Always obtain written consent before sharing any patient information, including testimonials.
3. Overlooking Website Compliance
Your website might inadvertently collect PHI through contact forms or analytics tools.
Solution: Ensure your website uses secure forms, has an SSL certificate, and avoids unauthorized tracking tools.
Solid Ground’s HIPAA-Compliant Marketing Solutions
1. Secure Communication Channels
We implement encrypted email and messaging systems that protect patient data while facilitating seamless communication.
2. Compliant Website Design
Our websites are built with HIPAA compliance in mind, featuring secure forms, encrypted data transmission, and clear privacy policies.
3. Ethical Content Marketing
We create informative content that educates without disclosing PHI, positioning your clinic as a trusted authority.
4. Targeted Advertising with Caution
While digital ads can be effective, we ensure they don’t use PHI and comply with all relevant regulations.
Building Trust Through Transparency
Your commitment to privacy is a selling point. We help you communicate this to prospective clients, reinforcing their confidence in your services.
Privacy Policies: Clearly outline how you protect patient data.
Consent Forms: Make it easy for clients to understand and provide consent.
Staff Training: Ensure your team understands and adheres to HIPAA regulations.
Source: Compliancy Group – What is HIPAA Compliant Marketing
Privacy Policy vs. Privacy Notice: Yes, You Need Both (and Here’s Why)
Let’s clear up a common confusion: your privacy policy and your HIPAA Privacy Notice are not interchangeable, and if you’re in healthcare, you need both on your site to remain HIPAA-Compliant.
🔐 The Privacy Policy: What It Does
This is your behind-the-scenes legal handshake with your website visitors. It explains:
What data your website collects (think: IP addresses, cookies, location)
How that data is used, stored, or shared
What rights users have over their information
It’s mostly focused on general website interactions, not clinical data. And it’s required by most online platforms, not just HIPAA.
👉 Think of it as your digital “terms and conditions” for site visitors.
📄 The HIPAA Privacy Notice: What It Covers
This one’s different. A HIPAA Privacy Notice (sometimes called a Notice of Privacy Practices or NPP) is a federally required document that explains how you handle Protected Health Information (PHI)—that includes everything from a child’s diagnosis to a parent’s phone number entered into a contact form.
It must include:
How PHI is used and disclosed
Client rights under HIPAA
How individuals can file a complaint
Most importantly? It must be accessible from your website. Not buried in a PDF. Not “available upon request.” If you’re marketing online, your HIPAA Privacy Notice needs to be easy to find.
👉 Think of this as your formal promise to protect client health info—and proof that you know the rules.
So… Do You Really Need Both?
Yep. Your privacy policy is for general online behavior. Your HIPAA Privacy Notice is for anything that falls under patient data. They serve different audiences, meet different legal standards, and yes—Google and the government are both watching.
Staying HIPAA-Complaint in a Changing Landscape
HIPAA regulations evolve. We stay updated on changes and adjust your marketing strategies accordingly, ensuring ongoing compliance.
Source: Analytico – A Comprehensive Guide on HIPAA-Compliant Marketing
Technology Audits
Regular audits ensure your marketing stack—from CRM to chat widgets—remains compliant.
Team Training
Compliance isn’t just about tools; it’s about people. We train your team on what HIPAA-safe communication looks like in marketing.
Secure Data Practices
Using tools aligned with NIST Cybersecurity Framework ensures your infrastructure is as safe as your strategy.
Solid Ground 360 HIPAA-Compliant Software
Solid Ground 360 is our proprietary marketing and communication platform designed specifically for ABA providers. It combines ease of use with rigorous HIPAA compliance, giving you all the tools you need to manage inquiries, follow up with families, and grow your practice, without worrying about data security.
Key Features:
Automated, HIPAA-compliant text follow-ups for missed calls
Secure, form-based lead capture that integrates seamlessly with your website
Encrypted two-way communication for intake and appointment reminders
Built-in analytics to track engagement while respecting patient privacy
With Solid Ground 360, you can stop duct-taping systems together and finally have a marketing engine that respects your mission and your legal responsibilities.
Other HIPAA-Compliant Softwares to Piece Together
If you prefer to set up your own systems and manage multiple subscriptions here is a list of safe softwares to use.
Form Builders: JotForm (HIPAA version), LuxSci, or FormDr
CRMs: IntakeQ, SimplePractice
Email: Paubox, LuxSci
Analytics: Matomo or Piwik PRO with BAA support
Each tool is vetted to ensure it supports HIPAA compliance without slowing you down.
How to Spot Red Flags in “HIPAA-Compliant” Marketing Tools
If it doesn’t offer a BAA, it’s a no-go. Look for:
End-to-end encryption
Access controls
Data logging and audit trails
Don’t settle for “secure enough.” Your compliance and your credibility are on the line.
Additional Strategies to Strengthen HIPAA-Compliant Marketing
Incorporating Video Without Violating HIPAA
Video marketing is powerful—but risky if done wrong. Use professional animations, expert interviews (with no PHI), or educational walk-throughs of your intake process. Avoid showcasing actual client sessions unless you have documented, HIPAA-compliant consent.
Blogging with Compliance in Mind
Your blog is a fantastic SEO tool, but it must be handled carefully. Avoid sharing any anecdote that could be traced back to a specific patient. Stick to topics like:
“5 Signs Your Child Might Benefit from ABA Therapy”
“How to Choose a HIPAA-Compliant Provider”
“What to Expect During Your First ABA Consultation”
Local SEO and HIPAA: What to Watch For
Local search optimization is essential, but your Google Business Profile must avoid posting content that could imply PHI. Don’t upload client images or overly personal testimonials. Instead, highlight:
Service offerings
Location accessibility
Staff credentials
Lead Generation That Respects Privacy
Use secure, conditional forms that guide families through a safe inquiry experience. Avoid asking for sensitive health data on the first touch. Lead with value: offer a downloadable checklist or video that doesn’t require disclosing PHI.
Ready to Grow Your ABA Practice, Safely?
Let’s talk. Schedule a free consultation to learn how Solid Ground can help you expand your reach while staying HIPAA -compliant.
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If you would like to learn more about the services we offer check us out here.
Note: This content is for informational purposes only and does not constitute legal advice. Always consult with a legal professional regarding HIPAA compliance.
