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Explainers on chatbots, AI, and HIPAA for clinics, cited to HHS, FDA, and FTC. No product or community here. Held by AdvancedCare USA Inc.

What makes a chatbot HIPAA-compliant?

No product is “HIPAA-compliant” on its own. HIPAA applies to covered entities and their business associates, so the real question is whether a clinic can use a particular chatbot in a way that meets its obligations.

Last reviewed against the HHS, FDA, FTC, and eCFR pages linked on this page on .

The short answer

If a chatbot vendor creates, receives, maintains, or transmits protected health information on a covered entity’s behalf — for example, chat transcripts that include a patient’s name and symptoms — the vendor is a business associate and needs a business associate agreement (BAA). The clinic and vendor must then protect that data under the Security Rule.

When the vendor is a business associate

HHS’s business associate guidance (opens in a new tab) covers vendors that handle PHI for a covered entity. HHS’s cloud computing guidance (opens in a new tab) adds that a service storing encrypted ePHI is still a business associate even if it lacks the encryption key. A chatbot that stores or processes patient conversations for a clinic typically falls in this group; a purely informational bot that never receives identifiable health information may not.

What the clinic still has to do

  • Sign a BAA before any PHI flowsIncluding with any subcontractor that hosts or processes the conversations.
  • Include the chatbot in your risk analysisWhere transcripts are stored, who can see them, and how long they are kept.
  • Limit what it collectsThe minimum necessary standard applies to uses and disclosures that are not for treatment.
  • Control access and keep audit logsSecurity Rule technical safeguards.
  • Plan for breachesA leaked transcript of identifiable health information can trigger breach notification.

Tracking technologies on the same pages

HHS OCR’s bulletin on online tracking technologies (opens in a new tab) addresses analytics and tracking code on covered entities’ websites and apps. On June 20, 2024, a federal court vacated part of that guidance — the portion about tracking on unauthenticated public pages addressing health conditions or providers. HHS’s page notes the ruling and that it is evaluating next steps. Tracking inside a patient portal or other authenticated area is a separate question; read the current bulletin.

Common questions

Is there a HIPAA certification for chatbots?
No. HHS does not certify products as HIPAA-compliant. A vendor can sign a BAA and describe its safeguards; the covered entity remains responsible for how it uses the tool.
Does a chatbot need a BAA if it only answers office-hours questions?
If it never receives identifiable health information on the clinic’s behalf, it may not be a business associate. Once patients type in health details tied to who they are, it likely is. Ask counsel about your set-up.

Sources

  1. Business Associates (FAQs and guidance) (opens in a new tab) — HHS Office for Civil Rights
  2. Guidance on HIPAA & Cloud Computing (opens in a new tab) — HHS Office for Civil Rights
  3. Summary of the HIPAA Security Rule (opens in a new tab) — HHS Office for Civil Rights
  4. Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates (opens in a new tab) — HHS Office for Civil Rights

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Last reviewed against the HHS, FDA, FTC, and eCFR pages linked on this page on .

Every rule described here is linked to the agency that publishes it. If one has changed, tell us.

What Makes a Chatbot HIPAA-Compliant?