
Which AI Tools Are HIPAA Compliant? ChatGPT, Claude, Copilot and Gemini ComparedThe exact version of each AI tool that comes with a BAA, and the versions that do not.
ChatGPT, Claude, Copilot, and Gemini each have a version that comes with a BAA. The free and personal versions do not. Here is the covered version of each.
On this page
- HIPAA compliant AI tools at a glance
- What makes an AI tool HIPAA compliant?
- Is ChatGPT HIPAA compliant?
- Is Claude HIPAA compliant?
- Is Microsoft Copilot HIPAA compliant?
- Is Google Gemini HIPAA compliant?
- How should a practice roll out an AI tool?
- How Webpatch helps
- Frequently asked questions
- References
- Related articles
Quick answer
ChatGPT, Claude, Microsoft Copilot, and Google Gemini each have a business version that comes with a Business Associate Agreement (BAA). None of the free or personal versions do. A practice may enter patient information only into the covered version, and only after the BAA is in place and the required settings are on.
ChatGPT, Claude, Microsoft Copilot, and Google Gemini each have a business version that comes with a Business Associate Agreement (BAA). None of the free or personal versions do. A practice may enter patient information only into the covered version. We checked each vendor's own documentation on October 9, 2026.
HIPAA compliant AI tools at a glance
| Version with a BAA | How the BAA is put in place | |
|---|---|---|
| ChatGPT (OpenAI) | ChatGPT for Healthcare, ChatGPT Enterprise with Regulated Workspace, ChatGPT for Clinicians, API with Modified Retention | Agreement with OpenAI for a listed product |
| Claude (Anthropic) | Claude Enterprise with HIPAA activated, HIPAA-ready API organization | Primary Owner activates HIPAA in settings and accepts the BAA |
| Copilot (Microsoft) | Microsoft Copilot and Copilot Chat in commercial Office 365 | Included by default in Microsoft's Data Protection Addendum |
| Gemini (Google) | Gemini app and Gemini in Workspace, inside a Workspace account | Admin accepts the BAA in the Admin console |
The free version is never the covered version
A staff member who pastes a patient note into a personal AI account sends that data to a vendor with no BAA. HHS says using a cloud service for patient data without a BAA violates the HIPAA Rules.
What makes an AI tool HIPAA compliant?
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Check your visibility →No AI tool is HIPAA compliant by itself. A practice's use of it is compliant when three conditions hold.
- A BAA is in place. The vendor has agreed in writing to protect patient information.
- The product is on the covered list. Each vendor's BAA covers named products and features only.
- The practice does its part. Microsoft's documentation says it plainly: "using Microsoft services doesn't on its own achieve HIPAA compliance."
Is ChatGPT HIPAA compliant?
Only the products on OpenAI's HIPAA-eligible list are covered. The list names ChatGPT for Healthcare, ChatGPT for Enterprise with Regulated Workspace, ChatGPT FedRAMP, ChatGPT for Clinicians, and the API with Modified Retention. OpenAI adds: "Features not listed here are not automatically covered under the BAA." OpenAI also states that the consumer Health in ChatGPT feature does not offer a BAA. Our ChatGPT HIPAA guide covers each product.
Is Claude HIPAA compliant?
Claude is covered on two configurations: a Claude Enterprise plan with HIPAA activated, and a HIPAA-ready API organization. Anthropic's privacy center states: "Anthropic provides a BAA covering our HIPAA-ready services." It also warns: "Standard Claude Enterprise plans do not include BAA coverage without action from a Primary Owner."
Three limits matter for a practice:
- Anthropic's BAA article does not list the Free, Pro, Max, or Team plans as covered.
- Connectors, MCP servers, Skills, and Claude in Chrome are available but not covered by the BAA.
- Anthropic's BAA does not cover Claude bought through a third-party cloud provider. That provider's own BAA applies.
Is Microsoft Copilot HIPAA compliant?
Copilot is covered inside Microsoft's commercial cloud. Microsoft's HIPAA page lists "Microsoft Copilot" and "Microsoft Copilot Chat" as in-scope services for commercial Office 365. Microsoft states that its BAA "is available through the Microsoft Online Services Data Protection Addendum by default to all customers who are covered entities or business associates under HIPAA."
Microsoft's in-scope list names no consumer plan. Do not treat Copilot under a Microsoft 365 Personal or Family subscription, or the free Copilot app, as covered. Ask Microsoft or your licensing partner to confirm your exact Copilot license in writing.
Is Google Gemini HIPAA compliant?
Gemini is covered inside a Google Workspace account that has accepted Google's BAA. Google's HIPAA Included Functionality list, dated August 31, 2026, names the Gemini app and Gemini in Workspace. The list excludes Gemini in Chrome. Gemini used with a personal Google account has no BAA. Our Google Workspace HIPAA guide explains how an administrator accepts the BAA.
How should a practice roll out an AI tool?
Pick one covered tool
Choose the tool that matches software the practice already licenses. One tool is easier to police than four.
Put the BAA in place
Accept or sign the BAA before any patient data is entered. Save a copy with the date.
Turn on the required settings
Follow the vendor's HIPAA configuration steps. Turn off features the vendor marks as not covered.
Give staff work accounts
Issue each staff member a login on the covered plan. Forbid personal AI accounts for any patient information in a written policy.
Recheck the covered list
Vendors change their lists. Check the vendor's page each quarter and after each new feature launch.
How Webpatch helps
Webpatch is a technology company that works with healthcare practices. We build websites and manage their security, HIPAA compliance, SEO, and AEO. We are not a law firm, and this is not legal advice. If you want help choosing and configuring tools for patient data, contact Webpatch.
This article is for education only. It is not legal advice and has no legal standing. Have a qualified professional review your situation before you act.
Frequently asked questions
Is there a HIPAA compliant AI?
Yes. OpenAI, Anthropic, Microsoft, and Google each offer a business version of their AI tool with a Business Associate Agreement. The practice must use that version, with the BAA in place and the vendor's required settings on.
Is the free version of ChatGPT, Claude, Copilot, or Gemini HIPAA compliant?
No. None of the four vendors lists a free or personal plan as covered by its BAA, according to their documentation checked on October 9, 2026.
Will Anthropic sign a BAA for Claude?
Yes, for its HIPAA-ready services. Anthropic names Claude Enterprise with HIPAA activated and HIPAA-ready API organizations. A standard Enterprise plan has no BAA coverage until the Primary Owner activates it.
Does Microsoft sign a BAA for Copilot?
Microsoft's BAA is included by default in its Online Services Data Protection Addendum for covered entities and business associates. Microsoft lists Microsoft Copilot and Microsoft Copilot Chat as in scope for commercial Office 365.
Is Gemini in Chrome covered by Google's BAA?
No. Google's HIPAA Included Functionality list covers the Gemini app and Gemini in Workspace, and it excludes Gemini in Chrome.
Does a BAA make an AI tool safe for all patient data?
No. A BAA covers named products and features. Connectors, add-ons, and features outside the vendor's covered list are not protected by it.
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Book a callOr check your visibility free →References
- OpenAI Help Center: HIPAA eligible products and functionality
- OpenAI Help Center: Health in ChatGPT
- Anthropic Privacy Center: Can I use Anthropic's products in connection with protected health information?
- Claude Help Center: BAA coverage by configuration
- Microsoft Learn: HIPAA and the HITECH Act
- Google Workspace: HIPAA Included Functionality (as of August 31, 2026)
- HHS: Guidance on HIPAA and Cloud Computing

