Key TakeawaysAgency selection is now a diligence problem, tied to enforcement actions like the DOJ Sober Homes Initiative and the FTC’s Mercury Marketing case 7, 31.A qualified partner must pass three tests: attribution ending at admission, defensible PHI handling, and compensation structures that don’t resemble prosecuted patterns 10.Per-admit, per-VOB, or referral-split fees carry Anti-Kickback Statute exposure because OIG treats remuneration broadly and intent to induce referrals is enough...
Key TakeawaysAgency selection for a healthcare association is a governance decision, scored against privacy discipline, BAA obligations, substantiation, accessibility, and outcome-tied measurement rather than creative capability alone.Classify the association as a HIPAA-covered entity, a non-covered entity subject to FTC rules, or a hybrid before scoping, because that answer dictates eligible vendors, mandatory contracts, and off-limits martech configurations.Every service line should carry a named...
Key TakeawaysAgency selection is now a compliance decision: partners must document tracking architecture, consent workflows, substantiation files, and reporting through VOB and admit before any campaign launches.The HHS 2024 tracking bulletin and the February 16, 2026 Part 2 compliance date mean pixel inventories, BAAs, and subcontractor registers are active screening criteria, not roadmap items 1, 4.Recent FTC actions against R360, Monument, and Evoke Wellness map the disqualifying tactics: undocumented...
Key TakeawaysReplace traffic-and-lead scorecards with an audit tied to seven federal standards, since a general counsel’s questions about FTC, OCR, and Part 2 exposure will not be answered by session counts.Inventory every ad, landing page, and video claim against FTC Health Products Compliance Guidance, forcing the agency to name the substantiation file and reviewer for each express or implied claim 1.Pull rendered-source script inventories on clinical URLs to flag pixels, session replay, and...
Key TakeawaysSubstantiating outcome claims before publication is non-negotiable: agencies must maintain a claim-review workflow and evidence file, since FTC liability for objective claims runs to the advertiser, not the agency 1.MAT and prescription-drug creative triggers FDA OPDP obligations for fair balance, so a named reviewer and risk-disclosure workflow must exist before any branded medication reference ships 3.Clinician-featured and alumni testimonial creative carries AMA truthfulness standards and...
Key TakeawaysAgencies that treat every past-patient list as remarketing fuel misread HIPAA’s marketing rule; written authorization must precede any use of PHI outside narrow exceptions 1, 3.Lead-gen pools, paid directories, and affiliate arrangements involving patient data trigger HIPAA’s remuneration provisions, so require the agency to map each payment flow to authorization language 2.Pixels, chat widgets, and session-replay scripts on authenticated or care-linked pages must comply with...
