Avoid These 5 Common Compliance Mistakes in Hospice Marketing

Hospice marketing walks a fine line. You want to educate, inspire trust, and support families during a difficult time — but you also have to stay compliant with federal regulations.

Too many well-intentioned providers cross the line without realizing it. And in a highly scrutinized space like hospice, even minor missteps can lead to audits, penalties, or damaged reputation.

Here are five of the most common compliance mistakes in hospice marketing — and how to avoid them.

1. Offering Gifts or Incentives for Referrals

Whether it’s a gift card, lunch, or donation, offering anything of value in exchange for a referral can violate the Anti-Kickback Statute (AKS) — even if your intent is harmless.

❌ What to avoid:

 Thank-you gifts to discharge planners or social workers

• “Referral bonuses” for professionals

✅ What to do:

• Focus on educational outreach
• Share data, resources, and outcomes to build credibility

Tip: Internal family referral programs are possible, but must avoid any tie to federal healthcare program patients. Always check with legal counsel.

2. Using Testimonials Without Proper Authorization

HIPAA doesn’t prohibit testimonials — but it does prohibit using any protected health information (PHI) without written, HIPAA-compliant consent.

❌ What to avoid:

• Sharing names, conditions, or stories without signed releases
• Implying a patient received care if they haven’t consented

✅ What to do:

• Use anonymous quotes, composite stories, or staff testimonials
• Obtain signed consent for any public use of names, images, or personal stories

3. Overpromising Outcomes or Guarantees

Hospice isn’t a cure — and marketing language must reflect that. Claims like “we’ll keep your loved one pain-free” or “we’ll extend their life” are risky.

❌ What to avoid:

• Guarantees about comfort or time
• Misleading language about results

✅ What to do:

• Use clear, compassionate language rooted in the hospice mission: dignity, comfort, and support

4. Inaccurate or Incomplete Service Descriptions

Saying you “cover everything” or “offer 24/7 in-home support” when that depends on eligibility or staffing can lead to accusations of false advertising.

❌ What to avoid:

• Blanket statements that sound too good to be true

✅ What to do:

• Be specific and transparent about what services are included
• Use qualifiers like “eligible patients may receive…” or “depending on clinical needs”

5. Using Non-Compliant Marketing Vendors

Outsourcing your marketing doesn’t outsource your compliance. If your vendor doesn’t understand healthcare regulations, they can put you at risk.

❌ What to avoid:

• Agencies unfamiliar with hospice compliance rules
• Automation tools that don’t comply with HIPAA (e.g., unsecured email, texting)

✅ What to do:

• Choose vendors with healthcare or hospice experience
• Ensure business associate agreements (BAAs) are in place for anyone handling PHI

RaisedCare’s Take

Hospice marketing requires more than creativity — it demands clarity and compliance.

At RaisedCare, we help hospice agencies grow through ethical, regulation-aligned strategies that build trust with families and referral partners.

Because great marketing should never put your license — or your mission — at risk.

Sources

• U.S. Department of Health & Human Services. "Anti-Kickback Statute"
• OIG Hospice Compliance Recommendations
• HIPAA Journal. "Healthcare Marketing and HIPAA Rules"
• RaisedCare Compliance Audit Templates