TP453: When State Laws Supersede HIPAA: Privacy and the Marketing Funnel

Touch Point Podcast
Touch Point Podcast
TP453: When State Laws Supersede HIPAA: Privacy and the Marketing Funnel
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For years, HIPAA has been the rulebook for healthcare privacy. But in 2025, the real drivers of risk (and opportunity) come from state laws, FTC enforcement, and lawsuits that extend well beyond traditional PHI. In this episode, Chris Boyer and Reed Smith explore:

  • Why state privacy laws are reshaping digital marketing more than HIPAA.
  • How the marketing funnel is being rewritten, with upper-funnel tactics carrying the highest risk.
  • Whether health systems should shift back to safer group-based targeting and focus more on owned channels.
  • How AI fits into this conversation — transformational for efficiency, but potentially dangerous in third-party advertising contexts.

Jeremy Mittler, CEO and Cofounder of Blueprint Audiences, unpacks how state laws are colliding with HIPAA, what enforcement trends are signaling to health systems, and why privacy must be built into every stage of the funnel.

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Reed Smith

VP @jarrardinc, Advisor @MayoClinic Social Media Network and @SXSW Health & MedTech. @SocialHealthIns and @tpmnetwork founder

Chris Boyer

Principal, @chrisboyer LLC  Using digital marketing, experience and UCD/CX to transform healthcare. Co-host of the touch point podcast and founder of the Touch Point Media network. 

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