ChatGPT & HIPAA: A Quick Guide on What You Need to Know

April 26, 2023

If you haven’t heard about ChatGPT over the last few months, you might still be Googling everything!  ChatGPT launched in November 2022 and has taken the internet by storm.  Developed by OpenAI, using artificial intelligence (AI) technology, it can have human-like conversations while giving you all the details of whatever you may ask it.

So we haven’t seen it be able to make you dinner just yet. Still, it has successfully written computer programming, passed a series of different exams, and written entire feature-length articles. (Wow, I feel like a doting parent!) AI language models are transforming how we approach everyday tasks or complete major projects, and the healthcare industry has even jumped on board the ChatGPT train. 

ChatGPT has assisted in scheduling appointments, treatment plan assistance, patient education, medical coding, and more!  While this all sounds exciting and has the opportunity to improve patient care, protecting your patient’s data when using these types of tools will be imperative and should be approached with caution. 

So what are some of the red flags to be aware of when it comes to HIPAA compliance:

• At this time, OpenAI does not sign a Business Associate Agreement. Therefore, it is not HIPAA compliant.

HIPAA regulations require that covered entities only share PHI with vendors who have signed a BAA. This ensures that PHI is protected and that all parties comply with HIPAA laws and regulations. Prior to implementing any AI technology that processes or accesses PHI, covered entities must enter into a business associate agreement with the vendor of such technology. 

• Protect PHI when using the chat platform.

OpenAI warns against inputting confidential information into the platform. As with many technology platforms, ChatGPT collects information and reviews conversations to improve systems and services. In other words, there is no telling where that data is being stored and, therefore, cannot be protected. Because this platform is not HIPAA compliant, it’s super important to remember not to input any identifiable patient information. When working with PHI, de-identifying or anonymizing data is key to minimizing the risk of a data breach.

• Establish access controls and monitor chat logs.

To minimize risk, access to chat logs should be restricted to those who need it as part of their job function. Don’t forget to implement written documentation of which employees can access chat logs, and be sure to revoke access if necessary. These chat logs are highly recommended to be monitored and audited to ensure they do not contain any PHI.

• Establish Policies and Procedures and train employees.

When implementing a new technology, such as ChatGPT, that potentially accesses PHI, policies, and procedures must be implemented to ensure that all appropriate safeguards are in place to support the use of the new technology. Training employees on properly using new technology is also super important. Training should include security best practices, data privacy importance, and incident reporting steps if necessary.

• Create and implement an incident response policy.

As with any security risk, having an incident response policy is super important to help mitigate risk in the case of a breach. This plan should include procedures for identifying and mitigating the incident, notifying affected individuals, and investigating the cause of the incident to prevent future incidents. 

By proactively prioritizing patient privacy and security, healthcare organizations can greatly benefit from ChatGPT and other AI language models. Streamlining administrative work and improving patient outcomes, sounds like a win-win. But, it’s critical that you carefully balance increased efficiency and elevated risks related to patient data privacy. This is new for everyone, so not making drastic changes to your business because of something ChatGPT can do should be considered. Your patients still want human experiences, and that is something ChatGPT can’t take away from you and your staff!
How can you stay up to date on the latest compliance trends and news? Contact our compliance experts at Abyde today for guidance on this everchanging technical landscape and see how we can help you be successful in the years ahead! 

To book a demo with one of our Abyde specialists, click here or call us at (800) 594-0883

RECENT POSTS

Related posts

Dental Practice HIPAA Settlement
Abyde News, Fines, HIPAA

What Every Dental Practice Can Learn From the $140K Shen Smiles Settlement

October 9, 2026 No comments yet

October 9, 2026 The latest HIPAA settlement doesn’t involve a hospital system or a massive ransomware attack. It involves a practice that probably looks a lot like yours. Shen Smiles is a solo dental practice in Drums, Pennsylvania. It started with a former patient’s complaint about getting their health records. It led to a broader OCR investigation and a $140,000 settlement. The lesson? Every HIPAA-regulated organization, big or small, can face enforcement.   What happened? Under federal law, patients must be given access to their records within 30 days, with one possible 30-day extension if the patient is notified in writing within the first 30 days. In April 2020, a former patient’s attorney filed a complaint with the Office for Civil Rights (OCR). The complaint alleged that the patient had requested their records multiple times without receiving access. The public documents don’t say when the first request was made. OCR’s investigation went beyond the original complaint. According to the resolution agreement, OCR found that patient records weren’t properly maintained and that staff hadn’t received formal HIPAA Privacy Rule training. OCR also said the practice couldn’t produce evidence that it had HIPAA policies and procedures in place, including for patient access requests, or that it had reasonably safeguarded patient information. During the investigation, the practice stated that it couldn’t provide the records because a workforce member had stolen them. The public documents don’t address whether a breach assessment was done. As a general rule, though, HIPAA presumes that an impermissible acquisition, access, use, or disclosure of unsecured patient information is a breach. A breach can require notifying HHS and affected patients, including steps patients can take to protect themselves. These are baseline requirements every covered entity is expected to have in place. Policies and training give a team a HIPAA playbook. Without one, staff at any practice may not know what to do when a patient asks for records or records go missing. OCR proposed a $140,000 civil money penalty in July 2024. Shen Smiles requested a hearing before an administrative law judge, but the two sides reached a resolution agreement in August 2026, before the hearing took place. Under the agreement, the practice agreed to pay $140,000. The agreement is not an admission of liability.   The Takeaway for Practices Patient access has been an OCR priority for years through its HIPAA Right of Access Initiative, and this case marks its 56th Right of Access enforcement action. It also took more than six years from complaint to resolution. As this case shows, a single complaint can lead to a broader look at your compliance program. Now is the time to ask: Do we have written HIPAA policies our team can find? Do we have a process to answer every record request within 30 days? Can we prove every team member has completed HIPAA training? If any of those gave you pause, now’s the time to fix it, before OCR comes asking. Looking for the first step? Meet with one of our compliance experts to see where you currently stand. 

Ambry Phishing Settlement
Abyde News, Fines, HIPAA

$700K HIPAA Settlement: What the Ambry Genetics Phishing Breach Teaches Every Practice

September 21, 2026 No comments yet

September 21, 2026   The HHS Office for Civil Rights (OCR) has announced its biggest HIPAA settlement of the year, reaching nearly a million dollars.  Ambry, a genetic testing and clinical genomics provider based in Aliso Viejo, California is at the center of this enforcement. A settlement was reached over a 2020 phishing attack that exposed the Protected Health Information (PHI) of more than 225,000 individuals. This settlement is a clear reminder that even large organizations trip up on HIPAA requirements.    What happened In January 2020, an employee email account at Ambry was compromised through a phishing attack.  The breach potentially exposed a wide range of PHI, including names, addresses, dates of birth, Social Security Numbers, financial details, and more. Ambry reported the breach to OCR in March 2020, which kicked off the investigation.    Where OCR found gaps OCR’s investigation identified several HIPAA Security Rule gaps, including: No accurate, thorough risk analysis of risks and vulnerabilities to ePHI No process for cutting off access to ePHI when an employee left or no longer needed access No unique user IDs for tracking who was accessing ePHI systems These are baseline HIPAA requirements that every Covered Entity and Business Associate is expected to have in place.   The settlement terms Ambry paid $700,000 and agreed to a two-year corrective action plan, under which it must: Complete a thorough risk analysis of ePHI confidentiality, integrity, and availability Build and execute a risk management plan addressing what that analysis turns up Review and update Security Rule policies and procedures as needed Implement unique user identification across all ePHI systems Train the whole workforce on those updated policies The takeaway for practices When 90% of healthcare hacks start with a successful phishing attempt, it’s key your team is aware of the role they play to keep data safe. Every practice should ask; Do we know exactly where our ePHI lives and how it moves through our systems? Do we have a current, documented risk analysis? Would we catch it fast if a former employee’s access wasn’t revoked? Looking for the first step of addressing these gaps? Meet with one of our compliance experts to see where you currently stand. 

Azul Vision Right of Access
Abyde News, Fines, HIPAA

Right of Access Enforcement Hits Eye Care: Inside the Azul Vision Settlement

September 1, 2026 No comments yet

September 1, 2026   The Office for Civil Rights (OCR) announced its 55th settlement under the HIPAA Right of Access Initiative, and this one is a good reminder that “we’ll get to it” is an easy shortcut to a massive financial penalty.   What happened Azul Vision, Inc., a California optometry enterprise healthcare provider, took nearly two years to provide a patient her healthcare records failed to give a patient timely access to her health records. She requested her records in January 2023. She didn’t actually receive them until January 2025, or two years later, and only after OCR opened an investigation following her complaint in April 2023.   The importance of Right of Access The HIPAA Privacy Rule’s Right of Access is straightforward: patients are entitled to their healthcare records within 30 days of a request, with one possible 30-day extension if needed.    The cost Azul Vision agreed to a two-year, OCR-monitored corrective action plan and paid $50,000. The corrective action plan requires the practice to: Review and revise its written policies and procedures for Privacy Rule compliance.  Regularly report to HHS a log of every PHI access request it receives, including when it came in and when it was resolved, Train all workforce members on right of access requirements and the practice’s own procedures.   Practical takeaways Have a documented, assigned process for access requests: not an informal “someone will handle it” arrangement. Track every request against the 30-day (or extended 60-day) clock: If nothing is timestamping requests, nothing is catching the ones that slip. Train staff specifically on right of access: this is a distinct Privacy Rule obligation from general HIPAA awareness, and it’s clearly one OCR is actively enforcing.   The bottom line A single records request that went unanswered turned into a $50,000 penalty, two years of federal monitoring, and a detrimental hit to the organization’s reputation. That’s a steep price for what really comes down to a missing process. If your team can’t answer “what happens the moment a patient asks for their records?” right now, that’s the gap to close before your practice ends up as OCR’s next enforcement case. Want a streamlined way to close your compliance gaps? Meet with an Abyde expert today!