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This article details which Anthropic commercial products and API features qualify under a HIPAA Business Associate Agreement. It breaks down covered and non-covered services, notes beta and third-party integration exclusions, and highlights ZDR requirements for handling PHI in Claude Code.
- Core Claude for Work features (chat history, Artifacts, voice, web search, research, file creation/code execution without external network access) are BAA-covered, but third-party integrations like MCPs/Connectors, Enterprise Search, and Claude in Chrome are not once data leaves Anthropic.
- On the API side, Messages API and related tools (prompt caching, structured outputs, memory, web search, Bash/text-editor) plus Token Counting, Models, Org Management, and Compliance APIs are covered, while Batch API, Files API, Skills API, Code Execution, Computer Use, and Web Fetch are excluded.
- For Claude Code, only the CLI with Zero-Data-Retention enabled qualifies for BAA coverage—the web, desktop, review, and security betas don't support ZDR and fall outside it.
- Beta features like Cowork and Claude for Office are entirely excluded from BAA coverage, requiring separate data-handling safeguards for any PHI use.
The article provides official guidance on how the Health Insurance Portability and Accountability Act (HIPAA) applies to online tracking technologies. It emphasizes the importance of protecting patient privacy and ensuring compliance when using digital tools for tracking purposes. The content is aimed at professionals navigating these regulations.
- Tracking tech on healthcare websites/apps (cookies, web beacons, pixels) can transmit PHI to third parties like Google or Meta, triggering HIPAA obligations even without login credentials
- Covered entities must have a valid HIPAA authorization or a Business Associate Agreement with tracking vendors before allowing them access to PHI, not just a general privacy policy disclosure
- IP addresses combined with visits to health-related pages can count as PHI, so even "de-identified" or aggregate analytics tools carry compliance risk
- Organizations face liability exposure if third-party trackers disclose PHI without proper safeguards, making an audit of existing tracking tools and vendor contracts a practical necessity
Anthropic offers Business Associate Agreements (BAA) for its HIPAA eligible services, specifically for commercial products like Claude for Work and the Anthropic API. However, the BAA does not cover certain services and has specific configuration requirements and limitations. To start the BAA process or learn more, customers should contact the sales team.
- Anthropic only offers BAAs for Claude for Work and the Anthropic API, not for Claude.ai Free/Pro/Max or standard Claude for Work plans and beta/chat products
- HIPAA-eligible use requires zero data retention agreements as part of the BAA setup
- Features like web search, batch processing, prompt caching, and Files API uploads are excluded from BAA coverage
- Interested customers must contact Anthropic's sales team directly to start the BAA process