HIPAAmart

Industry guide

HIPAA for AI Companies

A governance and product-risk starting point for AI companies that may process PHI in models, prompts, outputs, or telemetry.

Reviewed August 2026

Key considerations

  • Data can persist in prompts, logs, evaluations, embeddings, support tools, or model-improvement workflows.
  • Model quality does not answer contractual, retention, access, audit, or incident questions.
  • Use-case approval and human review should match the consequence of the workflow.

Starting points

  • Map all input, output, telemetry, retention, and subprocessors.
  • Define approved uses, access controls, testing, auditability, and incident response.
  • Be precise about BAA scope and customer responsibilities.

References