Mad Mimi is not HIPAA compliant for uses that involve protected health information because it does not offer a Business Associate Agreement for HIPAA Covered Entities or Business Associates, so it should not be used to create, receive, maintain, or transmit protected health information through email campaigns, subscriber management, or related email marketing functions.
A Business Associate Agreement is required when a vendor performs functions or services for a regulated entity that involve protected health information. Email marketing platforms commonly store recipient email addresses, contact attributes used for list management and segmentation, message content, delivery data, and engagement analytics. These data elements become protected health information when they identify an individual and relate to healthcare services, payment, or health status. Without a Business Associate Agreement, a regulated entity cannot establish the contractual assurances required when a vendor handles protected health information on its behalf.
HIPAA exposure can occur even when email content does not contain clinical details. A subscriber list compiled from patient registration, appointment schedules, portal exports, or billing systems can be protected health information because it reflects a relationship to healthcare services. Tags and segmentation fields such as clinic location, service line, appointment type, diagnosis categories, procedure categories, or billing status can convert contact records into protected health information. Engagement tracking can also produce identifiable records linked to healthcare outreach.
The HIPAA Privacy Rule regulates marketing communications that use protected health information and requires individual authorization for many marketing uses, subject to specific exceptions and conditions. Authorization requirements do not remove the requirement to use a vendor relationship that supports HIPAA obligations when protected health information is involved. The HIPAA Security Rule also applies when electronic protected health information is created, stored, or transmitted, including requirements for safeguards appropriate to risk.
Mad Mimi can be used only for communications that are designed to exclude protected health information from all data stored and transmitted through the service. That limitation requires controls that prevent uploading patient-derived lists, prevent storing care-related attributes in subscriber profiles, prevent message content that references an individual’s care or payment, and prevent collection of protected health information through forms connected to campaigns. When an organization needs email outreach that involves protected health information, a HIPAA-aligned email service that supports a Business Associate Agreement is required.