Buying guide

Before you hire a marketing agency: a checklist for health practice owners

Most agency problems in health are not bad work. They are a domain in someone else’s name, patient data sent where it should not go, or reviews nobody should have bought.

By Mariya Di Luzio, Founder and Creative Strategist · Published · 6 min read

The short answer

Before signing, confirm four things: the agency promises no rankings, it will not buy links or reviews, it signs a Business Associate Agreement if it will touch patient data, and you own the domain, Google Business Profile and analytics in your own name. Google says you are ultimately responsible for what any company you hire does.1

Key takeaways

  • Google says no one can guarantee a number one ranking on Google, and that a secretive SEO is a warning sign.1
  • Buying links for ranking purposes is spam under Google’s policies, and buying fake reviews is banned by the FTC.24
  • An agency that handles patient information for a covered practice is a business associate and needs a BAA.3
  • Keep yourself as primary owner of the Business Profile and registrant of the domain. Give the agency manager access.56

Why this list exists

We are an agency, so read this knowing that. It is the list we would want a practice to use on us. The failures it guards against are common and expensive: a practice that cannot change its own website because the domain is registered to a former contractor, a booking form that emailed patient details to a marketing tool nobody vetted, a star rating that rose suspiciously fast and then disappeared.

Google’s own advice to site owners hiring an SEO is blunt: "You are ultimately responsible for the actions of any companies you hire."1 The same is true under the FTC and HIPAA. The agency does the work; the practice carries the consequences.

Question 1: what results do you promise, and by when?

Google suggests asking a prospective SEO what results they expect and in what timeframe, whether they follow Google Search Essentials, and for examples of previous work.1 Listen for the shape of the answer. A good one talks about what will be done, how progress will be measured, and what is outside anyone’s control.

A bad one guarantees positions. Google’s page says "No one can guarantee a #1 ranking on Google" and warns against anyone who claims a special relationship with Google or a priority submission service.1 The same applies, even more so, to anyone guaranteeing that ChatGPT or another AI assistant will recommend you. Those answers change by phrasing, by day and by model version, as covered in becoming the practice AI recommends.

Question 2: how will you get links and reviews?

Google’s spam policies name buying or selling links for ranking purposes, including exchanging money for links or for posts that contain links, as link spam.2 They also define scaled content abuse as generating many pages mainly to manipulate rankings rather than help users.2 If the plan includes a hundred city pages or a monthly bundle of purchased guest posts, it is a plan Google has written a policy against.

Reviews are where the legal exposure sits. The FTC’s Consumer Review Rule makes it a violation for a business to write, create or sell a review that misrepresents whether the reviewer exists or had any experience with the business, and to buy such a review or cause it to be disseminated when it knew or should have known it was fake.4 An agency that "handles reviews" for you by buying them puts your practice in that sentence. How to ask patients for reviews the right way is in the FTC Consumer Review Rule for practices.

Question 3: will you touch patient information?

HHS describes a business associate as a person or organization that performs functions or services for a covered entity that involve the use or disclosure of protected health information. A covered practice may share PHI with one only after getting satisfactory assurances in a written contract, the Business Associate Agreement, that it will safeguard the information.3 HHS lists data analysis and practice management among the activities that can make a vendor a business associate.3

For a marketing agency the usual routes to PHI are: contact and booking forms whose submissions pass through the agency’s tools, call recordings, uploading patient email lists to build ad audiences, and review-request systems that pull names and visit dates from your practice software. Ask the agency to list every one of these it will use. If any apply, you need a BAA before work starts. If the agency says it does not sign them, it should be able to show that none of that data reaches it. How analytics and call tracking can stay clear of PHI is in measuring marketing without leaking patient data.

Question 4: who will own the accounts?

This is the one that costs the most when it goes wrong, and the easiest to get right on day one. ICANN’s statement of registrant rights and responsibilities says the registrant assumes sole responsibility for the registration and use of the domain name, and must keep accurate contact details on file.6 The registrant should be the practice, with the owner’s email, not the agency’s.

The same applies to the Google Business Profile. Google lets a profile have several owners but only one primary owner, and managers have nearly the same access except that they cannot add or remove users or remove the profile.5 The practice should be the primary owner. The agency gets manager access, which is enough to do the work and easy to remove when the contract ends.

Agency answers that should end the conversation
You askWarning answerWhy it matters
What rankings can you get us?"We guarantee page one"Google says no one can guarantee a number one ranking
How do you build links?"We buy placements monthly"Buying links for ranking is link spam under Google’s policies
How do you get reviews?"We post them for you"Fake reviews are banned under the FTC rule
Will you sign a BAA?"We never do" (while running your forms)A vendor handling PHI for a covered practice needs one
Whose name is the domain in?"Ours, it is simpler"The registrant carries responsibility for the domain
What access do you need to our profile?"Primary owner"Manager access is enough to do the work

The checklist to take into the meeting

  1. Ask what results they expect, in what timeframe, and how they will measure them. Reject guarantees.
  2. Ask how they earn links and reviews. Reject anything bought.
  3. Ask them to list every way patient information could reach their tools. Get a BAA if any apply.
  4. Keep the domain, hosting, Google Business Profile, analytics and ad accounts in the practice’s name. Grant the agency user access.
  5. Ask who writes health claims, and who at your practice approves them before publishing.
  6. Ask what you receive when the contract ends: files, logins, and a list of everything they set up.

If you want an independent look at what your current agency has set up, including who owns what, that is what the credibility audit is for. This post explains the published rules. It is not legal advice, and a BAA or agency contract should be reviewed by a healthcare attorney.

Questions practice owners ask

Can a marketing agency guarantee first place on Google?

No. Google’s own guidance for people hiring an SEO says no one can guarantee a number one ranking on Google, and warns against anyone claiming a special relationship with Google.

Does my marketing agency need to sign a BAA?

If it performs services for your covered practice that involve protected health information, yes. That includes handling form submissions, call recordings, patient lists for advertising, or data pulled from your practice software. If none of that reaches the agency, a BAA may not be needed.

Who should own our domain name and Google Business Profile?

The practice. ICANN says the registrant assumes sole responsibility for the domain, so it should be registered in the practice’s name. On Google Business Profile the practice should be primary owner, with the agency added as a manager.

Is it legal for an agency to post reviews for us?

Not if the reviews misrepresent who wrote them or their experience. The FTC Consumer Review Rule bans writing, creating, selling or buying fake reviews, and a practice that knew or should have known is also exposed.


Sources, and how much weight each one carries

  1. Google Search Central, "Do you need an SEO? Tips for hiring an SEO".
    Platform’s own guidance for site owners hiring search help, including the questions to ask and the warning signs.
  2. Google Search Central, "Spam policies for Google web search", sections on link spam and scaled content abuse.
    Platform’s own policy. Defines the practices that can remove a site from Google results.
  3. U.S. Department of Health and Human Services, Office for Civil Rights, "Business Associates", HIPAA guidance, content last reviewed July 30, 2026.
    Official regulator guidance defining a business associate and when a BAA is required.
  4. Electronic Code of Federal Regulations, 16 CFR Part 465, Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, section 465.2.
    The federal regulation itself. The primary source for the ban on fake and purchased reviews.
  5. Google, "Manage your Business Profile owners & managers", Business Profile Help.
    Platform’s own documentation on profile roles and what each can do.
  6. ICANN, "Registrants’ Benefits and Responsibilities".
    Statement from the body that coordinates domain names. Describes registrant rights and duties; registrar contracts add their own terms.

This article is about marketing, website and compliance practice. It is not medical or legal advice, and nothing in it is intended to diagnose, treat, cure or prevent any disease. For a decision about your own practice, speak with a qualified attorney or the relevant regulator.

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