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Compliance8 min read

HIPAA-compliant LLM API

Using LLMs on protected health information is entirely achievable, and the hard part is not the model — it is guaranteeing that a request containing PHI can never reach a provider you have no BAA with. That is an enforcement problem, and enforcement in application code is how accidents happen.

This describes architectural patterns, not legal advice. Your compliance officer and counsel own the determination of what satisfies HIPAA for your organization.

The four requirements

  1. A signed BAA with every entity that touches PHI. Including the gateway, not only the model provider. If a proxy sees the prompt, it is in scope.
  2. Zero retention on the inference path. No training on your data, no prompt logging by the provider, defined retention windows everywhere else.
  3. Access controls and audit trail. Who sent what, when, to which model, under which policy — reconstructable after the fact.
  4. Encryption in transit and at rest, with key management you can describe to an auditor.

Enforce eligibility in the router, not the app

The pattern that holds up: mark the workload, not the request. Issue a dedicated API key for PHI traffic, attach a policy to that key restricting it to BAA-covered, zero-retention providers in eligible regions, and let the router refuse anything else. A developer who ships a new feature on that key inherits the constraint automatically rather than having to remember it.

  • Provider allow-list limited to BAA-covered vendors
  • Zero-retention enforcement, failing closed if no eligible provider is available
  • Region pinning so inference stays in-jurisdiction
  • Prompt redaction and log suppression on the PHI path
  • Immutable audit record per request

De-identification helps but does not eliminate scope

Stripping identifiers before the model call reduces exposure and is good practice. Treat it as defense in depth rather than a way out of the BAA requirement — re-identification risk in free text is real, and Safe Harbor de-identification is stricter than most redaction implementations achieve.

Related: zero-retention and residency, security and compliance, and data residency controls.

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