HIPAA risk analysis for AI tools: a worked method with an example register

HIPAA requires an accurate and thorough risk analysis of everything that holds ePHI. AI tools add data flows and threats the usual template misses. Here is a method, with an example risk register for an AI scribe.

The short answer

Picture a new AI assistant whose prompts, outputs and logs each end up on a different company’s servers. Your HIPAA risk analysis has to follow patient information to every one of those places. Do it per tool: map where the data goes, list what can go wrong, decide what to do, and review the logs.

HIPAA’s Security Rule requires covered entities and business associates to conduct “an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability” of the ePHI they hold, then implement measures that reduce those risks to a reasonable and appropriate level.1 For an AI tool, do it per tool: map every place ePHI goes (including prompts, outputs, logs, caches and model providers), list threats including AI-specific ones such as prompt injection and wrong writes, score likelihood and impact, decide what to do, and review system activity regularly. NIST SP 800-66 Rev. 2 is a practical guide to the whole rule.3 This isn’t legal advice.

Each action ends in a signed record: what ran, who approved it, what the check found. Records are chained, each one carrying the fingerprint of the one before, and they can be checked offline. Made-up record.

What the rule requires

Under 45 CFR 164.308(a)(1), the security management process includes four required specifications:1

Specification What it asks
Risk analysis Accurate, thorough assessment of risks to ePHI confidentiality, integrity and availability
Risk management Measures that reduce risks to a reasonable and appropriate level
Sanction policy Sanctions for workforce who break security policies
Information system activity review Regularly review records such as audit logs, access reports and incident reports2

The technical safeguards add audit controls: mechanisms that record and examine activity in systems holding ePHI.4 An AI tool is such a system the moment ePHI enters it.

Note “integrity”. Most AI risk discussions focus on confidentiality, data leaking. An AI tool that writes wrong data into a record is an integrity risk, and the rule covers it equally.

Step 1: scope every flow

Draw the data flow for the tool. For a typical AI tool:

Code What the screen or file shows, copied as is.

 EHR ──▶ connector ──▶ app server ──▶ model provider API
  ▲                       │   │            │
  └── writes back ────────┘   ├─ logs      └─ provider logs/retention
                              ├─ cache
                              └─ analytics

For each box and arrow, ask: does ePHI pass or rest here, who operates it, and is it covered by an agreement? Vendors and their subcontractors that handle ePHI are generally business associates.5 Common misses: prompt logs, error traces, analytics events, vector stores, and the model provider’s own retention.

Step 2: list threats, including AI ones

Start from your usual threat list (lost devices, phishing, misconfiguration), then add:

AI threat Affects Example
Prompt injection via documents or messages Confidentiality, integrity A referral letter tells the assistant to send the chart elsewhere
Over-broad tool permissions All three An agent with write access to every resource type
Wrong writes reported as success Integrity A field dropped on write, logged as done
Model output errors Integrity Fabricated or omitted details in drafts6
Data retained or used by the model provider Confidentiality Prompts kept beyond contract terms
Model or version change Integrity, availability Behaviour shifts after an unannounced update
Vendor outage Availability Clinic workflow stops when the API is down

The model output row has evidence behind it. A pilot published in 2026, reviewing ambient scribe notes, found omissions in 18% and hallucinations in 11.5%.6 That’s a single study, not a rate for every tool, but it shows integrity risk is real.

Step 3: score and decide

Use a simple scale and be consistent:

Likelihood × Impact Low impact Medium High
Likely Medium High High
Possible Low Medium High
Unlikely Low Low Medium

For each risk: accept, reduce, transfer (contract or insurance) or avoid (don’t do the thing). Record who decided, when and why. The rule asks for measures that bring risk to a reasonable and appropriate level1, so the reasoning matters as much as the score.

An example register for an AI scribe

This is an illustration for a hypothetical clinic, not a template to copy unchanged.

# Risk L I Rating Treatment Owner
1 Audio and transcripts retained by vendor beyond need Possible High High Contract retention limit; verify deletion Privacy officer
2 Draft notes contain errors that get signed Likely Medium High Review routine; monthly draft-vs-signed sampling Clinical lead
3 Queued orders accepted without review Possible High High Orders as drafts; clinician signs each CMIO
4 Model provider changes model without notice Possible Medium Medium Contract notice clause; regression test set IT
5 Prompt logs hold ePHI in a third-party tool Likely Medium High Remove or redact; restrict access IT security
6 Vendor API outage Possible Low Low Fallback to manual notes Practice manager
7 No record separating AI draft from clinician edits Likely Medium High Require export of drafts and diffs HIM

Seven rows is a start, not an end. Each tool will have its own.

Step 4: review and repeat

Information system activity review is required: regular review of audit logs, access reports and incident tracking.2 For AI tools, review:

  • What the tool accessed and wrote, by volume and by type.
  • Mismatches between what it reported and what was stored.
  • Approvals that took seconds, and writes that skipped approval.
  • New subcontractors or model versions.

Redo the analysis when the tool changes materially: new write permissions, a new model provider, a new data type such as images. Keep each version; the history shows your reasoning over time.

Questions people ask

Does each AI tool need its own risk analysis?

The rule requires an accurate and thorough analysis of risks to the ePHI you hold.1 A tool with its own data flows and threats needs its own section at least.

Is there an official template?

NIST SP 800-66 Rev. 2 offers guidance and resources for implementing the Security Rule.3 Adapt it, adding AI threats.

Who should do it?

Your security official, with the tool’s owner, a clinical lead, the privacy officer and the vendor’s input on its data flows.

For how agent writes can be held, checked and recorded, see our healthcare page and the provenance spec; the FHIR write integrity study shows the integrity risk in numbers. To try approvals and read-backs on a real database in your browser, open the playground; to grade what an agent can reach on your own machine, run npx deedglass scan (the grade, explained).

Written with AI assistance and checked against our claims register.

The takeaway

Run the 164.308 risk analysis per AI tool: map every ePHI flow including prompts, logs and model providers, score AI threats, act, and review the logs.

Read nextDo you need a business associate agreement for an AI tool? HIPAA, explained for AI Try it: install in 7 s

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Sources

  1. 145 CFR 164.308: Administrative safeguards · ecfr.gov · checked 27 October 2026
  2. 245 CFR 164.308 (LII) · law.cornell.edu · checked 27 October 2026
  3. 3NIST SP 800-66 Rev. 2: Implementing the HIPAA Security Rule (February 2024) · csrc.nist.gov · checked 27 October 2026
  4. 445 CFR 164.312: Technical safeguards · ecfr.gov · checked 27 October 2026
  5. 545 CFR 160.103: Definitions · ecfr.gov · checked 27 October 2026
  6. 6Taylor et al., JMIR Medical Informatics e86474 (2026) · doi.org · checked 27 October 2026

Published 27 October 2026, updated 28 October 2026, sources last checked 27 October 2026. If something here is out of date, write to hello@deedglass.com.

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