How We Keep Healthcare Marketing Compliant
We are a marketing agency, not a HIPAA covered entity. But healthcare marketing intersects with HIPAA in meaningful ways - and we take those intersections seriously so your practice is never exposed by your marketing activities.
No PHI in Campaign Tracking
We never pass protected health information through Google Ads, Meta Pixel, or any analytics platform. Conversion tracking is configured to capture appointment intent signals only - not patient health data.
HIPAA-Compliant Testimonials Policy
We only use patient testimonials and before/after images that come with explicit written HIPAA authorization from the patient. We help you design authorization workflows if needed.
Server-Side Tracking Implementation
Where available, we implement server-side tag management (Google Tag Manager server-side) to keep health-related data off client-side scripts that could be read by third parties.
Retargeting Guardrails
We do not build retargeting audiences from pages that could indicate a patient health condition (e.g., specific disease or condition pages). We use general health interest audiences instead.
BAA Readiness
For healthcare clients that require a Business Associate Agreement, we are prepared to enter into a BAA covering our handling of any incidental PHI encountered during the course of our marketing work.
Healthcare Ad Policy Compliance
We operate within Google and Meta healthcare advertising policies, including required certifications for sensitive health categories, appropriate disclaimers, and prohibited claim restrictions.
Important Disclaimer
Whizzybly is a marketing agency and does not provide legal or compliance advice. This page describes our internal practices and policies, not a guarantee of HIPAA compliance. Healthcare organizations are responsible for their own HIPAA compliance programs. We recommend consulting with a healthcare compliance attorney or compliance officer before making compliance determinations. If your organization requires a Business Associate Agreement, please contact us before beginning work.
Why HIPAA Compliance Matters in Healthcare Marketing
HIPAA was designed to protect patient health information, but its implications extend into marketing in ways that many agencies - and practices - do not anticipate. When a patient clicks a Google Ad for a specific condition, visits a page about that condition, and completes a contact form, their interaction can generate data that constitutes protected health information if it is associated with their identity through tracking pixels or cookies.
The 2022 HHS guidance on tracking technologies clarified that standard marketing pixels - including Google Analytics, Meta Pixel, and many CRM tracking tools - can create HIPAA liability for covered entities when placed on pages where patients seek care. Practices that have not audited their tracking setup are likely operating outside of compliant boundaries without knowing it.
Whizzybly builds every campaign from a HIPAA-aware foundation. That means reviewing every tracking tag before deployment, building retargeting audiences that do not expose condition-specific intent, and configuring conversion tracking to capture appointment intent without passing health data to ad platforms. Compliance is not an afterthought - it is a prerequisite for every engagement we start.
Common Questions About HIPAA and Healthcare Marketing
Does HIPAA apply to my Google Ads campaigns?
HIPAA applies to covered entities (healthcare providers, insurers, clearinghouses) and their business associates. If your practice runs Google Ads with conversion tracking that can associate a specific individual with a health condition or treatment intent, that tracking may create HIPAA exposure. The 2022 HHS guidance specifically addressed this: pixels that capture IP addresses or other identifiers alongside health-related page visits on covered entity websites can constitute PHI transmission.
Can I use Meta (Facebook) retargeting for my practice?
Yes, with guardrails. Meta retargeting audiences must be built from general website visitors, not from visitors to specific condition or treatment pages. Custom audiences uploaded from patient lists require explicit patient authorization. We configure Meta campaigns to use broad practice-website audiences rather than condition-specific intent signals.
What is a Business Associate Agreement and do I need one?
A Business Associate Agreement (BAA) is a contract between a covered entity and a vendor that handles PHI on their behalf. Whether Whizzybly requires a BAA depends on what data we access during our work. We are prepared to enter into a BAA for any engagement where we may encounter incidental PHI. Contact us before starting work if your organization requires one.
How do you track conversions without violating HIPAA?
We use server-side conversion tracking where possible, which keeps health-related data off client-side scripts. For form completions, we track the event of the form submission without capturing the content of the form fields. Google Ads enhanced conversions can be configured to send hashed data at the general lead level rather than health-condition-specific signals.
Is Google Analytics HIPAA compliant?
Google Analytics is not a HIPAA Business Associate and does not sign BAAs. For most practices, GA4 can be used in a compliant way by disabling certain data collection features, not activating Google Signals on condition-specific pages, and carefully managing what event data is sent. We review GA4 configurations as part of every SEO and tracking engagement.
Need a HIPAA-Aware Marketing Review?
We offer a free marketing compliance review as part of our initial audit. We will check your tracking setup, ad campaigns, and website for common HIPAA exposure points.
Request a Free Compliance Review