Vendor due-diligence questions for AI tools Twelve questions for compliance officers to send any AI vendor before staff use it with patient data. Each comes with real examples of why it matters, linked to the vendor's own pages.
Published by the VanRein Compliance team · Data checked 2026-10-16 · Independence policy
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Not legal advice. These are suggested practices from a compliance team, not legal requirements. Vendor facts come from vendors' own pages on the date shown. Confirm current terms with each vendor and your counsel.
Will you sign a BAA on the plan we're buying? Otter offers HIPAA on Enterprise only. [source] Read AI: HIPAA on Enterprise+ annual plans. [source] Slack requires an Enterprise plan. [source] How is the BAA executed: click-through, built into the terms, or countersigned? Hello Patient: accepted by clicking to accept the Subscription Terms, or by using the service. [source] Pearl: effective when both parties execute it. [source] Freed: the BAA is Schedule A of its Terms. [source] Which features or products are excluded from the BAA? Claude Enterprise excludes connectors, Skills and Claude in Chrome. [source] Copilot's Bing web searches are not covered. [source] Some Zoom AI Companion features are unavailable to BAA customers. [source] Do you use our data, including de-identified data, to train or improve AI models? Can we opt out? Overjet's BAA allows de-identified PHI to train its AI/ML. [source] Otter de-identifies audio and transcripts, then trains its own models. [source] Hello Patient requires written authorization before using PHI for AI training. [source] Do you share, sell or commercialize de-identified data? Doximity may use and commercialize de-identified data. [source] Ambience may share de-identified data with vendors and academic researchers. [source] What is your liability cap under the BAA? Mentalyc caps total liability at $10,000 (BAA s.20). [source] Upheal's BAA defers to its main Agreement's limits. [source] What happens to our data when the contract ends? Abridge says return or destruction is generally "not feasible". [source] Pearl may retain radiological images after termination. [source] How quickly will you report a security incident or breach to us? Pearl: within 3 business days. [source] Overjet: within 5 business days. [source] Mentalyc: breaches within 30 days. [source] How long do you keep audio, transcripts and notes, and can we change it? Suki deletes audio and transcripts after 30 days. [source] Dragon Copilot keeps audio and transcripts up to 90 days. [source] Nabla keeps notes 14 days by default (configurable). [source] Twofold says audio is never stored. [source] Does anyone at your company or your subprocessors review our data? Dragon Copilot: limited human review by select Microsoft staff and subprocessors. [source] Personal Gemini app: human reviewers read a subset of chats. [source] Which AI model providers or subprocessors handle our data? SimplePractice says Note Taker is built with Anthropic's Claude. [source] Which independent audits do you hold: SOC 2 Type II, HITRUST, ISO/IEC 42001? Can we see the report? DeepCura says it is "not SOC 2 certified". [source] Twofold lists SOC 2 Type II as "in progress". [source] Overjet holds HITRUST certification. [source] Heidi lists ISO 42001. [source] Vendor facts checked 2026-10-16 on the vendor's own pages; each links to its source.
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