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HIPAA Cloud Computing Guidance — relevance to shared AI hosting

AI-use reference. Current official guidance. Applies to: Covered entities/business associates and separate cloud providers maintaining or processing ePHI on their behalf. Requirements or purpose: Appropriate BAA, risk analysis/risk management, safeguards,…

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AI-use reference. Current official guidance. Applies to: Covered entities/business associates and separate cloud providers maintaining or processing ePHI on their behalf. Requirements or purpose: Appropriate BAA, risk analysis/risk management, safeguards, permitted uses and incident/breach responsibilities. Provider maintaining encrypted ePHI can still be a business associate even without the decryption key. Limits: Not a general ban on cloud/AI or a statement all vendors are HIPAA-covered. Application depends on actual PHI relationship and permitted purpose; customer/provider control allocation matters.

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Federal agencies
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Department / subject
AI governance and legal reference
Public body
Federal agencies

Source notes

Official source reviewed October 26, 2026. Official guidance explaining HIPAA Privacy/Security/Breach Rules. Dates/version: Guidance originally 2016; underlying rules independently binding. Locator: Introduction; Questions1–2; Privacy Rule Considerations; 45 CFR 164.308,164.502,164.504. Not a general ban on cloud/AI or a statement all vendors are HIPAA-covered. Application depends on actual PHI relationship and permitted purpose; customer/provider control allocation matters.

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