Infusionsoft by Keap is not HIPAA compliant for HIPAA Covered Entities or Business Associates because Keap does not offer a HIPAA Business Associate Agreement for Infusionsoft by Keap and the platform is not positioned for creating, receiving, maintaining, or transmitting electronic protected health information in marketing automation workflows.
HIPAA requires a written HIPAA Business Associate Agreement when a vendor performs functions involving protected health information on behalf of a HIPAA Covered Entity or Business Associate. The agreement must address permitted uses and disclosures, safeguard obligations under the HIPAA Security Rule, breach reporting under the HIPAA Breach Notification Rule, and subcontractor controls. Without that agreement for the specific service in use, protected health information cannot be stored or processed in the service, regardless of general security features.
Marketing automation systems routinely store and process identifiers and engagement data that can become protected health information when linked to healthcare services or payment. Infusionsoft by Keap functionality can introduce protected health information through contact record fields, tags, segmentation lists, web forms, landing pages, appointment workflows, email templates, transaction history, and integration connectors that synchronize data with other systems. Subject lines, preview text, and link tracking parameters are common locations for unintended disclosure because they can be transmitted and logged outside controlled environments.
The HIPAA Privacy Rule limits the use and disclosure of protected health information for marketing. Messages that encourage recipients to purchase or use a product or service can require a valid authorization when protected health information is used or disclosed outside a permitted communication category. Compliance controls should also follow the HIPAA Minimum Necessary Rule by restricting the data elements used for permitted communications and by limiting access to workforce members with a defined need to know.
Healthcare organizations can use Infusionsoft by Keap only for communications and datasets that do not include protected health information and do not connect identifiable individuals to treatment, payment, or healthcare operations. That restriction should apply to list imports, form capture, automation logic, tracking links, customer relationship management synchronization, and analytics exports. When patient-specific outreach requires electronic protected health information, select a vendor that will execute a HIPAA Business Associate Agreement for the marketing and messaging components in scope and that supports access controls, audit controls, transmission security, and incident response processes aligned with HIPAA obligations.