HIPAA & AI

Use AI without putting PHI where HIPAA can't follow

Emil detects protected health information — names tied to conditions, MRNs, the 18 Safe Harbor identifiers — and blocks or redacts it before a prompt reaches an AI tool that has no BAA.

The HIPAA problem with AI

  • Staff paste patient details into ChatGPT — a disclosure of PHI to a vendor with no BAA.
  • PHI in an AI provider's logs is a reportable breach with per-record penalties.
  • Most AI tools offer no way to keep PHI out of prompts.

How Emil helps with HIPAA

  • Detects PHI: names linked to conditions, MRNs, the 18 Safe Harbor identifiers
  • Blocks or redacts before the prompt leaves the browser or reaches your model
  • Fails closed — if a classifier is down, PHI is blocked, not let through
  • Keeps an audit trail of every decision; content is never retained

What Emil can't do alone

  • It doesn't replace your policies, training, or vendor contracts
  • It can't grant data-subject rights or run risk assessments for you
  • It's one control within a broader compliance program

Emil is a technical control, not a compliance program. It reduces risk and produces evidence, but duties like consent, recordkeeping, risk assessments, and contracts (e.g. BAAs, DPAs) sit outside any screening layer. Review with counsel.

Questions

Does Emil make us HIPAA compliant?
Emil is a strong technical safeguard for keeping PHI out of ungoverned AI tools, and it maps to HIPAA's Privacy and Security rules. But compliance is a program — pair Emil with your policies, training, and BAAs.
What PHI does Emil detect?
Patient names tied to conditions or treatment, medical record and account numbers, and the 18 HIPAA Safe Harbor identifiers, plus PII like SSNs and contact details.
What happens if a classifier is unavailable?
Emil fails closed for PHI — the request is blocked rather than allowed through, so sensitive health data is never released on a best-effort basis.

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