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The ultimate guide to consent and preferences in the healthcare sector

Consent management in the healthcare sector is more important than ever, with sensitive personal data from patients at stake

Param Gopalasamy
Content Marketing Specialist - CIPP/E, CIPP/US, CIPM
December 28, 2023

A doctor showing her notes to her patient.

What differentiates good healthcare from great healthcare? 

Your patients and clients rely on you for solutions, care, and support. These relationships must stem from a powerful foundation — one built on trust, consistency, and communication. 

For example, when patients trust their primary care providers, studies have observed improved health outcomes. Also, businesses considered trustworthy by consumers outperform their non-trustworthy competitors by 250%.  

One of the best ways to create meaningful, trusted relationships with patients, providers (HCPs), insurance providers, pharmacies, and other healthcare stakeholders is to empower them with choice. 

Providing transparency and enabling a two-way dialogue about communications, privacy, data use, and personalization can make all the difference between good versus great healthcare experiences. 

 

62% of consumers want their local hospitals to ensure patients have a voice to relay their experiences and take action to address their problems.

 

There are other factors at play that mandate certain actions by healthcare organizations and businesses — and those requirements are evolving in complexity and geographic scope. HIPAA compliance, expanding privacy regulations, the deprecation of third-party tracking, tech company practices, and increasing consumer awareness should all inform your complete data strategy. 

So the question is: how can you manage compliance with applicable laws while prioritizing trust and building strong patient relationships? Seeking a sustainable balance that aligns each side of this equation is of the utmost importance to remain competitive in a crowded healthcare market. 

Let’s take a closer look at healthcare consent and preference management, why this strategy is the choice of leading healthcare teams, and how you can apply best practices to deliver outstanding experiences that build trust. 

 

What are the main consent and user experience challenges in the healthcare industry?

The main challenges faced by the healthcare industry can be summarized in the following three areas.  

 

1. Increased importance of data security and compliance

When thinking of regulatory compliance in the healthcare world, HIPAA is the first thing that comes to mind, and rightly so. With the penalties for HIPAA violations reaching nearly $2 million annual maximum, healthcare providers and insurance companies have a significant reason to ensure compliance. 

Keeping up with HIPAA and US state privacy compliance in tandem is reason enough to ensure that compliance and security is a priority when collecting data. Apart from HIPAA violations, the US state privacy laws also have varying exemptions regarding personal information. For example, while CDPA, CPA, and UCPA exempt HIPAA-covered entities from complying with the state statutes entirely, others such as the CPRA and CTDPA exempt only health information currently covered by HIPAA.

 

2. Low rates of portal adoption by patients

Although the COVID-19 pandemic led to a rise in telemedicine and patients seeing the value in accessing health records digitally, more than half of US residents reported they have trouble accessing their information through patient portals. Lower rates of patient trust also factor in here, as patients are less likely to enter their data into an HCPs portal when they don’t fully trust how their information will be used or trust their doctor to utilize it effectively. 55% of people said that they’ve lost trust with their provider, with 80% reporting they are unlikely to return after such an experience.

Healthcare providers are incentivized to improve their portal experience and in turn patient trust as well. When patients get the information they need over digital systems, they spend less time in the hospital. This can save hospitals more than $10,000 per patient, per day, on average.  

 

3. Huge volumes of data hampering its value and efficiency 

The amount of data held by healthcare providers and medtech, pharma, and insurance companies keeps trending upwards. As the volume and complexity of patient data increases, it becomes tougher to define streamlined data workflows and subsequently automate processes efficiently. 

With the cost of data storage also rising, healthcare organizations need to make sure they’re getting optimum value from the data they collect, which in turn will benefit their patients with efficient processes and quicker turnaround times; their administration with seamless automation reducing clunky manual inputs; and healthcare professionals with access to relevant data in an intuitive view, with defined pathways for next steps. 

 

What consent and preference management looks like

In practice, consent and preference management always begins with consent. Your goal must be validly obtaining consent, consistently and compliantly activating it, providing patients and customers with a clear value exchange for their data and honoring consent removal if it is requested.  

 

1. Obtain valid consent from data subjects (patients or customers)

  • While the GDPR and US privacy laws don’t define consent in the exact same way, their definitions have some general similarities – consent is broadly defined as freely given, specific, informed, and unambiguous

  • This applies to healthcare providers getting consent from patients, and pharma or insurance companies getting consent from customers 

  • Some types of identifiers, particularly those defined as sensitive information, such as geolocation, and IP addresses and other demographic information, may require consent before collection is legally permitted

 

2. Maintain meticulous records of consent

  • This includes timestamps and points of collection, as well as which privacy policy is in effect when the patient or consumer gave consent

  • If a user removes their consent, it is your responsibility to apply that decision across your organization

  • Maintaining these records will also be helpful to refer to when interacting with patients or in case of an audit, as all consent data is clearly defined 

After fulfilling your baseline consent obligations, you can take steps to implement more advanced data strategies.  

 

3. Employ a preference management program 

  • This goes beyond fulfilling consent requirements to create enhanced choices and transparency for users 

  • For example, patients can use a preference management center to opt-in or out of communications, identify how they prefer to get in touch, signal what types of content they like to receive, and more

  • These data points can help a healthcare provider, pharmacy, or insurance provider strengthen its relationships with patients or customers by decreasing unwanted or unnecessary communications, demonstrating care, and enhancing the value exchange between them 

A preference management program can also help pharma and insurance customers gain the most value from their interactions with their pharmacy or insurance provider, or medical device providers build trust with consumers regarding their use of data. Improving their user experience based on their inputs is the most direct avenue to build and strengthen trust with your customer base. And from their perspective, there will be fewer redundant forms to fill out, which will remove the feeling that their HCP/pharmacy/insurer doesn’t value their time. 

Modern, data-enabled healthcare organizations must consider the value of consent and preference management and determine how best you can implement this strategy for your stakeholders. The following best practices will help you do just that.  

 

Best practices for consent and preference management 

The patchwork of privacy legislation is becoming increasingly complex. On top of that, consumers are demanding increased personalization from their HCPs, pharmacies, and insurance providers. Medical devices and wearables in healthcare are also more commonplace, leading to a huge influx of data. When seeking to address the dynamics at play within today’s healthcare industry, there are several ways to implement a consent and preference management program for your organization. 

Below, you’ll find tested strategies within healthcare organizations that support strong compliance outcomes and delight patients and stakeholders with personalized attention. 

 

Automated Compliance 

A universal consent and preferences management solution allows organizations to improve consent compliance outcomes by removing the guesswork and potential for human error from the effort. It leverages automation to help your organization phase out manual processes — some of which may be entrenched in your current operation but ultimately present compliance risks. 

Also, working with a configurable consent and preference center allows you to capture data using forms and procedures that adhere to global regulations. This will also help you stay on top of changing laws and requirements related to consent and privacy.

 

Enforcing consent downstream

Effectively enforcing consent is a turning point where you can start to derive significant value—and trust—from your relationships with data subjects. When there is a diverse range of departments leveraging user data, it is virtually impossible to enforce consent without operating from a single source of truth consent database. 

Consent and preference centers for authenticated patients or reps operate from a unified database that streamlines consent activation, modification, and revocation across a healthcare organization. This way, you can sync consent across departments and systems that activate patient data while abiding by data privacy protocols. 

This will allow healthcare professionals, pharmacies, and patients to have quick and intuitive access to relevant data when required, turning previously labored interactions into seamless, patient-friendly ones. On the medical device side, it can ensure that data collected by the devices is transferred to databases and systems that follow the proper consent rules in place, allowing for a more trusted, stress-free experience for the user. 

 

Mature first-party data profiles 

With third-party cookies going away in the near future, first-party data (provided directly by data subjects to an organization) is increasingly valuable. 

Since healthcare organizations often control significant volumes of first-party data, the question isn’t how to obtain it but rather how to use it to maximum effect. 

A healthcare organization implementing this approach must already be fluent in consent and preference management fundamentals. Developing user profiles based on first-party data is an advanced strategy that helps organizations take customer care and value to the next level. 

This effort relies on standardized data centralization, synchronization, and activation.

For example, healthcare providers, insurance companies, and pharma providers can use patient profiles enabled by first-party data to provide useful information, such as: 

  • Patient support programs

  • Motivational texts or emails

  • Access to a mobile wallet containing insurance and payment information

  • Prescription refill reminders

  • Pre- and post-operative instructions

  • Reminders about prescribed care plans 

Medical device companies can use first-party data to share data insights and provide updates on newer tech to users and HCPs. 

 

Benefits of OneTrust Consent and Preference Management 

Implementing a comprehensive consent and preference management program in your organization carries many benefits. The primary advantages include cultivating productive, trusted stakeholder relationships and enhancing compliance outcomes. Additional secondary benefits support stronger marketing and communications results, higher-quality datasets, and detailed metrics. 

Whether you're an HCP working with patients, a pharmaceutical or medical vendor advocating for your products, or insurance businesses providing consumer coverage, the benefits hold true. 

Consider how your organization can build stakeholder trust and derive value via the four main benefits of consent and preference management. 

 

Enhanced patient experiences 

OneTrust Consent and Preferences enables you to deliver timely and relevant content to your patients, be it educational material, new products or services, or any upcoming offers. Using first-party data, you can build comprehensive patient profiles and link these to your centralized database, integrating this data across your ecosystem. 

This ensures that consent and preference data is synchronous with new inputs and these rules are applied when building out relevant patient profiles. 

Increased data transparency and control, quicker visit times, timely and relevant content, as well as intuitive data access are all patient benefits that are realized through consent and preference management. 

 

HIPAA compliance

Patients’ personal health data is sensitive, and the safeguards around it need to be proportional to its sensitivity. HIPAA compliance entails appropriate security measures and access controls are in place around collected patient data. What is appropriate for a particular covered entity will depend on the nature of the covered entity's business, as well as the covered entity's size and resources. The Security Rule requires covered entities to maintain reasonable and appropriate administrative, technical, and physical safeguards for protecting e-PHI (this is PHI in electronic form, which would likely necessarily be the case here). 

With OneTrust, you can enable HIPAA-compliant data operations, with hosting rules relevant to the regulation, role-based access, and business associate agreements. Having data intake streams where compliance is baked into the process makes stakeholders’ lives much easier around HIPAA compliance, especially with penalties for non-compliance on the rise. 

 

US State Privacy Law compliance

For organizations in the US healthcare sector, HIPAA compliance is just one part of the compliance puzzle. US state privacy compliance completes it. OneTrust can enable “Do Not Sell or Share” opt out requirements with pre-configured CMP templates, while also ensuring GPC compliance across web and mobile channels. 

In the case of patient or customer data access requests, use a customized preference center embedded Data Subject Access Request (DSAR) form, integrated with dedicated workflows throughout marketing and business systems.  

 

Medical trials & innovation

For clinical trials, finding the right patients is vital for success. Using OneTrust consent and preferences, target relevant patients based on trial criteria and develop long-term engagement plans based on user preferences to generate comprehensive insights. 

This helps accelerate the R&D cycle, retain patients for future trials, and unlocks opportunities for new areas of research. With medical R&D costs at an all-time high, avoiding the bottleneck of finding and retaining relevant patients for trials takes a huge load off the process. 

 

Building trust throughout the healthcare industry  

The healthcare industry counts on a complex network of users, organizations, and businesses. Each plays a role in contributing to overall patient experiences. As a result, each is uniquely responsible for developing and maintaining productive, trusted relationships with its stakeholders. 

 

Healthcare Providers (HCPs)

Studies indicate increasing patient demand for more accessible communication with providers and higher quality healthcare outcomes.

To make this happen, HCPs need to build trust by delivering experiences that strengthen patient relationships. Healthcare providers can transform patient services by using self-service portals for quicker problem resolution and getting patients to the right department faster with OneTrust. Using connected consent data, changes can be made quickly, improving patients’ access to care. 

With portal usage data, healthcare providers can use this to surface critical usage insights to drive better efficiency and patient outcomes. 

 

Pharmaceutical representatives 

Competition between pharmaceutical businesses is steep. The global pharmaceutical market is worth approximately $1.42 trillion as of 2021 and counts on hundreds of players. 

Pharmacies' relationships with their customers and patients are primarily based on the effectiveness of their pharma-patient programs. Use privacy-centric processes to deliver personalized experiences based on the customer’s preferred mode of communication to deliver information such as upcoming prescription pick-ups, new offerings or pharmacy features, or testing reminders around flu season through an automation platform. Delivering these at the desired frequency of the customer enhances their experience and strengthens the relationship between pharmacies and patients. 

Generating a relevant stream of qualified patients for clinical trials is another common issue in the pharmaceutical industry. OneTrust enables you to collect first-party data in a centralized CMP and create effective profiles to target the best patients for clinical trials.

 

Medical device providers 

Advanced medical device providers deal with lengthy sales cycles for their costly products —anywhere between eight to 12 months in typical cases. 

It's up to medical device providers to build and nurture trust with HCPs over nearly a year's time, if not longer. Delivering consistent, personalized communications based on HCP-provided data can help build trust in a medical device's capacity to deliver enhanced patient outcomes.

Using OneTrust can:

  • Simplify patient care programs

  • Manage enrollment forms with e-signatures and a preference center

  • Track patient consent and preference data across care programs

  • Deliver timely communicaitons based on the patient’s use case

 

Health insurance companies 

Due to the industry’s complexity, users need help from their health insurance providers to understand their plan benefits, receive speedy authorizations, and more.

Consumers are also calling for more control over their healthcare, and they need insurance providers to help them exercise this control by providing increased transparency. For example, 46% of consumers with health insurance coverage gained a better understanding of their coverage after the COVID-19 pandemic began. 

An automated system can provide your consumers with a member portal with easy visibility into their data, coverage plans, and privacy policy information, while providing them with an intuitive avenue to change their coverage or other information when required. 

 

OneTrust partners with healthcare organizations 

OneTrust is leading the way for healthcare enterprises seeking to build and sustain trusted relationships with their stakeholders. 

Want to learn more about how an effective consent and preference strategy can help your organization, patients, and end-users thrive? 

Find out why OneTrust is the number one choice among healthcare organizations for consent and preference management. Request a demo for OneTrust Consent & Preference Management today.


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Consent & Preferences

8 steps to Quebec Law 25 compliance

Read our checklist to learn how to stay on top of Quebec Law 84, which introduces many new measures to Canada’s privacy landscape.

October 19, 2022

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Webinar

Consent & Preferences

Preparing for GPP & MSPA: An overview from IAB and OneTrust

Watch this webinar to learn about the Global Privacy Platform, Multi-State Privacy Agreement, and how OneTrust’s CMP will support the upcoming framework.

October 17, 2022

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eBook

Consent & Preferences

How to build trust and value privacy with a consent management platform eBook

In this eBook, you'll learn about regulatory requirements, the tech industry's role in consent management, and best practices for setting up a CMP.

September 30, 2022

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Webinar

Consent & Preferences

Mitigating US privacy risk across marketing campaigns

Understand the marketing operational impact of these newly expanded US consumer rights and learn how to automate consumer rights request fulfillment.

September 28, 2022

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Webinar

Consent & Preferences

Privacy-driven marketing trends: Analytics, AI, and Adtech updates

Watch this on-demand webinar to gain insight into regulatory and tech trends on the horizon, including Google Analytics, AI, IDFA, IAB TCF, and more.

September 19, 2022

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eBook

Consent & Preferences

The guide to US privacy for marketing and advertising

In this eBook, we will highlight US Privacy guidelines, and explain how you can get prepared for these newly expanded US consumer rights.

September 13, 2022

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White Paper

Consent & Preferences

Transform retail experiences: building trust in the age of modern privacy

Download our white paper to learn how to use data effectively and develop strong customer relationships with a consent and preferences strategy.

September 12, 2022

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Infographic

Cookie Consent

10 tips to master cookie consent

Download our infographic and learn how to create a Consent Management Platform that meets compliance requirements, maximizes opt-ins, and builds trust. 

September 12, 2022

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Infographic

Consent & Preferences

Why consent and preference management?

View our infographic on consent and preference management and learn the value it brings to your organization.

September 08, 2022

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Webinar

Consent & Preferences

Fireside chat: A modern marketer’s approach to privacy & data

Learn the challenges and opportunities marketers face to deliver personalized experiences while remaining compliant with global privacy requirements.

September 08, 2022

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Resource Kit

Consent & Preferences

Your marketer’s masterclass resource kit

OneTrust has created a range of resources to help marketing teams take a privacy-first approach that turns consumer trust into a competitive advantage.

September 06, 2022

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Webinar

Consent & Preferences

Fuel campaigns with consented earned data ahead of cookieless a world webinar

Watch this on-demand webinar to learn why you should center your marketing strategy around consented earned data to fuel business growth.

August 22, 2022

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Webinar

Consent & Preferences

Bringing privacy and consent to your marketing stack

This webinar deeply explores how automated integration takes the guessing out of compliant marketing activation and discovers the value of consent signaling.

August 22, 2022

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Webinar

Consent & Preferences

Embark on your trust journey with Consent and Preferences

Join this interactive webinar to learn how consent and preferences help build trust across all your marketing channels and ensure you respect privacy rights.

August 22, 2022

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Webinar

Consent & Preferences

Preference Management: Power up omni-channel experiences

Join this webinar to learn how to expand beyond obtaining customer consent to preferences that enhance relationships between your audience and your brand.

August 21, 2022

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Infographic

Consent & Preferences

Build trust by honoring privacy

In this short guide, you’ll learn how to build a marketing strategy that delivers on customer expectations while maintaining compliance with global privacy laws.

August 19, 2022

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eBook

Consent & Preferences

Ultimate guide to first-party data

This guide outlines everything you need to know to build optimal consumer experiences using first-party data, such as how and where to collect first-party data.

August 10, 2022

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Infographic

Consent & Preferences

How to transform healthcare marketing and increase business growth

Download this free infographic to learn how to transform healthcare marketing and grow sales by delivering trust-centric experiences.

August 08, 2022

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White Paper

Cookie Consent

Succeeding in a privacy-first world with Alex Cash

In this white paper, discover strategies for data collection to further business goals and how to prioritize data while ensuring the best customer experience.

August 03, 2022

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Webinar

Consent & Preferences

Google Play Apps: How to follow data safety requirements

Watch this on-demand webinar with OneTrust Mobile App experts to understand Google Play's specific requirements and the benefits of data transparency.

July 19, 2022

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White Paper

Consent & Preferences

The business value of consent and preferences

Download our whitepaper to learn about a case study from OneTrust on how we transformed the consent and preferences engine of a Fortune 500 company. 

June 28, 2022

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Infographic

Consent & Preferences

Google Play Data Safety vs. Apple Privacy Nutrition Label

This infographic will review Google Play Data Safety versus Apple Privacy Nutrition Label's similarities and differences regarding privacy standards.

June 28, 2022

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Webinar

Cookie Consent

Powering game-changing experiences Ahead of a cookieless world

Watch this webinar with mParticle and OneTrust to gain guidance for preparing for a cookieless world and opportunities to future-proof your database.

June 26, 2022

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Webinar

Consent & Preferences

How to drive enhanced marketing & CX campaigns through trusted data use

Join Oracle & OneTrust to learn how to drive enhanced, privacy-centric personalization in marketing & CX campaigns through trusted data use.

June 14, 2022

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Webinar

Consent & Preferences

Keep customer trust: Manage & automate your consent compliance & data governance

Watch our webinar to learn how to set up a strong consent compliance and governance strategy to achieve privacy-first data capture, distribution and activation.

June 08, 2022

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Webinar

Consent & Preferences

Consent, preferences & first-party data

Learn how incorporating strategic consent & preference management into your business strategy can help build customer trust.

May 26, 2022

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eBook

Consent & Preferences

Global Privacy Control & OneTrust

Watch this on-demand webinar to gain an overview of what Global Privacy Control (GPC) is, the benefits of the signal, and how it works.

May 05, 2022

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Consent & Preferences

The Digital Privacy Experience newsletter

The Digital Privacy Experience Newsletter is a weekly digest on cookies, consent management, preference management, & building customer trust.

May 01, 2022

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Webinar

Consent & Preferences

Data distribution: Integrating consent & preferences into MarTech & business systems

Watch this webinar to learn how to boost your integrated marketing performance with consent & preferences in CRMs, CDPs & marketing automation systems.

April 29, 2022

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Webinar

Consent & Preferences

Google Play Data Safety: What it means for your Android apps

Learn how to prepare for the Google Play July 20th, 2022 deadline to comply with its new data transparency requirements for Android apps.

April 28, 2022

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Webinar

Consent & Preferences

Modern data transparency in apps & TVs: Building trust with multi-device users

Learn how to incorporate consent and privacy strategies to deliver transparency and choice to multi-device users in applications & TVs.

April 27, 2022

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Webinar

Cookie Consent

How marketers can adapt to a post-cookie world with OneTrust's Alex Cash

Learn how marketers can get ahead of a post-cookie world from Alex Cash, Director of Strategy, OneTrust & ExchangeWire's CEO Ciaran O'Kane.

April 06, 2022

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Webinar

Consent & Preferences

Consent governance: moving from chaos to control via data intelligence

Learn how to set up a strong consent governance strategy to achieve privacy-first data capture, distribution and activation.

April 04, 2022

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Webinar

Cookie Consent

How to prepare for the crumble of third-party cookies

Learn everything you need to know to prepare for the deprecation of third-party cookies from eMarketer & OneTrust in this on-demand webinar.

March 30, 2022

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Webinar

Consent & Preferences

Web, mobile, ctv: enhancing consumer trust in the omni-channel world

Learn how to leverage consent and preference management and cement consumer trust in your data protection practices.

March 28, 2022

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Webinar

Consent & Preferences

How to build solid digital relationships to foster trust

Join this fireside chat with OneTrust and Oracle to gain insight into how to honor privacy choices to build trust.

March 07, 2022

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Webinar

Consent & Preferences

OTT and CTV Liftoff: A deep dive into delivering personalized experiences to streamers

Learn how to incorporate consent and privacy strategies to deliver personalized experiences to streamers on OTT applications & CTV platforms.

March 06, 2022

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Webinar

Consent & Preferences

Digital Privacy Experience Summit

Sign up for the Digital Privacy Experience Newsletter and get weekly updates on global regulations and best practices for compliance. 

February 22, 2022

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Webinar

Consent & Preferences

Prioritizing data transparency: A critical ingredient in trust, loyalty and ROI

Learn how can you prioritize data transparency and share openly with consumers in order to build trust, gain loyalty and improve ROI.

January 02, 2022

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Webinar

Cookie Consent

The crumble of third-party cookies: How to prepare in 2022

Learn how your organization can leverage smart preference management to overcome the deprecation of third-party cookies.

January 02, 2022

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eBook

Consent & Preferences

Build trust and value privacy with a consent management platform

Read this eBook to learn how leveraging a consent management platform builds customer trust and helps you comply with global privacy regulations. 

October 28, 2021

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Webinar

Consent & Preferences

Google consent mode & OneTrust CMP

Learn the benefits of using Google Consent Mode with the OneTrust CMP (Cookie Consent) to balance compliance and marketing objectives.

October 27, 2021

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Webinar

Privacy Management

CCPA, CPRA, and Global Privacy Control: Moving toward a more private web

Watch this webinar to learn about Global Privacy Control (GPC), how it centralizes user opt-out preferences, and streamlines compliance with CCPA and CPRA. 

September 08, 2021

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Webinar

Consent & Preferences

Navigating a complex framework: IAB TCF 2.0 upgrade checklist

Watch this webinar where we cover the complexity the IAB TCF 2.0 framework and providing a checklist to help you navigate your migration.

July 21, 2021

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Webinar

Consent & Preferences

IAB TCF 2.0 deep dive: Overview, terminology, resources

Watch this webinar for a deep dive into the IAB TCF framework and what's new in the second version.

July 20, 2021

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Video

Consent & Preferences

OneTrust Consent & Preference Management demo

Watch this demo video to learn how OneTrust Consent and Preference Management Cloud streamlines the consent lifecycle and accelerates fulfillment. 

October 24, 2020

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Webinar

Privacy & Data Governance

Canadian regulatory overview

This webinar series will highlight the implications of Bill 64 for Canadian companies and advise how to maintain programs aligned to the Law's requirements.

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Webinar

Consent & Preferences

Marketer’s masterclass for privacy and personalization

The marketer’s masterclass for privacy & personalization addresses the challenges businesses face in 2022 and how to turning trust into a competitive advantage.

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Webinar

Consent & Preferences

3 predictions for the impacts of 3rd party cookie deprecation

Stay ahead of the curve! Gain insights into the impacts of third-party cookie deprecation & actionable strategies for marketing success. Watch now!

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Webinar

Consent & Preferences

The unified consent strategy every marketer needs in 2024

Join us to master Unified Consent! Seamlessly integrate preferences across your tech stack, drive customer satisfaction, and boost revenue. Watch today!

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