Let’s discuss your advertising strategy. We want to know your goals.
We’re not marketing professionals, but we do know what the law requires of you when marketing your practice. If your strategy runs afoul of them, we’ll raise the red flag and help you refocus your efforts.
Is this really a legal thing?
Yes. Here are a few examples to illustrate why a lawyer can help vet your advertising campaign.
- Qualifier words like best, expert, or superior are often regulated by state practice acts or ethical rules.
- Federal law provides recourse for unfair competition and misuse or appropriation of another business’s trademark or service mark.
- Express or implied guarantees, claims, or promises may increase the chances of getting sued.
- Certain providers’ websites are required to display privacy information relating to how they treat protected health information.
- Service offerings must fall within a provider’s scope of practice.
- Testimonials must be included only when privacy rules have been followed.
- Discounts and referral bonuses must not violate privacy, referral fee, and kickback laws.
- Specific requirements govern what names and titles you may use in identifying yourself and your business.
- Claims about the benefits of your services must be sufficiently supported by fact.
Learn more about our advertising review work. We’ve made time to answer your questions as we review your materials, but we’ve answered some of them right here!
Common questions that we’re asked include:
- Can I advertise discounted packages for healthcare services?
- Can I advertise to particular sub-populations without breaking the rules prohibiting discrimination?
- Can I offer specials, promotions, or referral bonuses?
- Can I respond to negative reviews on Google, Yelp, etc.?
- If I financially benefit from selling X to my patients, do I have to disclose that in the promotional materials in my office?
- I advertise on social media. Do I have to follow any particular rules?
- Can I advertise incentives to get former clients back in the door? Can I email, call, or send mail to them?
- Can I advertise incentives to get Medicare patients in the door?
- Can I use a different or shortened business name on my materials?
What’s not included in these packages?
These packages do not include advice about things that are not listed under the individual packages. For example, if we determine that your current discount program violates your practice act, we will not create a new discount program for you. We’ll flag it and briefly describe the problem for you. It’s then your decision as to whether you want to: (a) continue offering it anyway, (b) retain us to research and provide you with guidance about alternative options, or (c) create another program yourself without our help.
Reviews of additional materials, or additional calls or correspondence, will be billed on an hourly basis.
What can I do to maximize the benefits of this program for me?
Before we get to work, collect all of the information you’ll be sending us, and provide it to us in a single batch. If you instead send us a few items a day over the course of a week, along with random questions, your review will be delayed until we receive all of your items.
I haven’t opened my practice yet. Do I need to wait until I’ve done so to purchase a package?
No! By taking this step at the very onset of your business, you’re avoiding potentially huge consequences and problems later. For example, if there’s a problem with your logo, wouldn’t you rather know now than after you’ve embarked on a marketing campaign?