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Leveraging Marketo for HIPAA-Compliant Marketing in Healthcare

Looking to harness the power of marketing automation in your healthcare organization? While HIPAA compliance can add complexity, Marketo offers a solution under specific conditions. Here’s a breakdown to help you decide if it fits your needs.

Marketo and HIPAA: A Conditional Marriage

On its own, Marketo isn’t inherently HIPAA compliant. But here’s the good news: Adobe, Marketo’s parent company, offers a HIPAA-Ready version called Marketo Engage within their Experience Cloud for Healthcare.

This version includes features like database encryption to meet HIPAA’s Security Rule requirements. However, it requires a subscription to the Experience Cloud for Healthcare and a Business Associate Agreement (BAA) with Adobe.

What a BAA Means for You

A BAA essentially clarifies responsibilities. Adobe takes care of securing the cloud environment, while you ensure security within the platform itself. This includes configuring access controls, data backups, and user training on HIPAA compliance.

The BAA extends to other HIPAA-Ready services within the Experience Cloud, saving you the hassle of multiple agreements. They even provide configuration recommendations to streamline your compliance journey.

Don’t Forget the Privacy Rule

While Marketo Engage allows you to manage PHI (Protected Health Information), using it in marketing emails is a different story. HIPAA’s Privacy Rule generally prohibits this without the patient’s explicit authorization.

For guidance on navigating the Privacy Rule, refer to the regulation itself (45 CFR §164.508(a)(3)) or consult a HIPAA expert.

The Takeaway: Can You Use Marketo Engage?

Marketo Engage can be a HIPAA-compliant marketing tool for healthcare organizations, but with certain caveats:

  • Subscribe to Adobe’s Experience Cloud for Healthcare.
  • Enter into a BAA with Adobe.
  • Configure the platform following HIPAA’s Security Rule.
  • Ensure adherence to the Privacy Rule regarding PHI usage in marketing.

By understanding these requirements, you can leverage Marketo Engage’s functionalities while staying compliant with HIPAA regulations.