Health Insurance Portability and Accountability Act (HIPAA)
Why it matters
Any model trained on or producing PHI is in HIPAA scope, and the covered-entity versus business-associate distinction determines who signs the Business Associate Agreement (BAA). Most healthcare AI deals stall on BAA negotiation because vendors underestimate what the technical safeguards mean for cloud deployments: encryption at rest and in transit, audit logging, access controls, breach notification timelines. ePHI under HIPAA also intersects with the EU AI Act’s high-risk classification, so one deployment can sit in both regimes at once.
Where you’ll encounter it
Three concrete contexts. A healthcare customer’s procurement team requires a signed BAA before any data flows. A security audit checks that the AI inference endpoint logs are PHI-scrubbed, not just the customer-facing output. An incident-response review traces a breach back to a model that memorised training PHI. The pitfall I keep seeing: teams treat “we don’t store data” as a HIPAA defense, but training memorisation and retrieval logs are themselves storage events.
Part of the 7wData AI Glossary. Tracking how concepts like this move in the expert conversation: daily signals at ins7ghts.com.