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HIPAA guide

HIPAA for digital health startups: what applies, what buyers ask for, and what to build first

Most health-tech founders meet HIPAA the day a hospital's procurement team sends a 200-question security review. Here is how to know which rules apply to your product, what the buyer is really checking, and how to build a program that survives the review without stalling the roadmap.

Which rule applies to your product

HIPAA follows the data's origin, not the data's sensitivity. The same blood pressure reading is regulated differently depending on who collected it and why. Answer the three questions and find out.

Which rule applies to your product

HIPAA applies to you directly as a business associate. Full Security Rule, breach duties, BAAs with every customer and every subprocessor. Start with the risk analysis; it's what both OCR and the hospital will ask for.

What the hospital is actually checking

A security questionnaire looks like 200 unrelated questions. It's really eight topics, and the reviewer is deciding whether you'd be the cause of their next breach report.

What a hospital security review checks and the evidence that satisfies it
TopicWhat they want to seeWhere it comes from in HIPAA
Risk programA dated risk analysis and a plan for what it found164.308(a)(1)
AccessMFA everywhere, named accounts, same-day removal, quarterly reviews164.308(a)(3), 164.312(a)
EncryptionAt rest and in transit, with key management described164.312(a)(2)(iv), 164.312(e)
MonitoringLogging on, retained, reviewed, alerting in place164.312(b), 164.308(a)(1)(ii)(D)
IncidentsA plan, a log, and a breach notice window you can meet164.308(a)(6), 164.410
VendorsSubprocessor list with BAAs for each164.308(b), 164.314
ResilienceTested backups and a recovery plan164.308(a)(7)
AssuranceA SOC 2 report, a pen test, sometimes HITRUSTNot HIPAA, but asked for anyway

Procurement isn't asking whether you're HIPAA compliant. It's asking whether you can prove it before the pilot ends.Your engineer

HIPAA, SOC 2, HITRUST: which, and when

  • HIPAA is not optional for a business associate. Do it first and build it so the evidence is reusable.
  • SOC 2 is what most enterprise buyers ask for by name. A SOC 2 plus HIPAA report covers both in one audit and is usually accepted by hospital procurement. See the HIPAA to SOC 2 mapping and our SOC 2 guide.
  • HITRUST is a certification some large health systems and payers require of vendors. The entry-level e1 assessment covers roughly 44 foundational controls (HITRUST's own pages say 43 or 44) and is valid for a year; HITRUST's own platform subscription starts at $18,100 and assessor fees are extra, with third-party estimates for a complete e1 in the tens of thousands. Pursue it when a contract names it, not before.

The cloud is fine, if you configure it

AWS, Azure and Google Cloud all sign BAAs and publish lists of HIPAA-eligible services. None of them makes you compliant. Under the shared responsibility model, identity and access, encryption settings, logging, network configuration and what you do with the data are yours. The common findings in vendor reviews are open storage buckets, no MFA on cloud consoles, logging off by default, and PHI in services that aren't on the eligible list.

A 90-day plan for a seed-stage team

  1. Weeks 1 to 2: map where PHI flows: product, support tooling, analytics, backups, laptops. Sign BAAs with every subprocessor on that map. Turn on MFA and disk encryption everywhere today.
  2. Weeks 3 to 6: the risk analysis, written to OCR's nine elements. Policies drafted from it, not from a template pack. Name a security officer.
  3. Weeks 7 to 10: close the gaps the analysis found: logging and retention, access reviews, backup restore test, offboarding checklist, incident plan with the shortest breach window in any BAA you've signed.
  4. Weeks 11 to 13: train the team, assemble the documentation pack, answer a sample questionnaire against it, and decide whether a SOC 2 Type 1 is worth starting now.

With AccuSights: the program is built once and mapped to HIPAA and SOC 2 together. The endpoint agent covers the engineers' laptops without an MDM project, integrations pull cloud evidence, and the reviewer portal is what you send the hospital instead of a 40-page PDF. Fixed fee, so it fits a seed budget.

Quick questions

Does HIPAA apply to my health app?
It depends on who your customer is. If a covered entity such as a provider or health plan, or one of their business associates, gives you patient information or offers your app to patients, you're a business associate and HIPAA applies. If individuals download and use the app on their own with no provider involved, HIPAA usually doesn't apply, but the FTC's Health Breach Notification Rule does.
Do I need SOC 2 or HIPAA first?
HIPAA first if you're a business associate, because it's the law and because the risk analysis and controls it requires are most of what SOC 2 will test. Structure the work so the same evidence feeds a SOC 2 audit when a customer asks for the report, which large customers usually will.
Do hospitals require HITRUST?
Some large health systems and payers do, and several announced that policy years ago. Many accept a SOC 2 report that includes the HIPAA Security Rule, plus a completed security questionnaire. HITRUST is a certification with assessor fees that start in the tens of thousands even for the entry-level e1, so hold it until a contract names it.
Can we use AWS, Azure or Google Cloud for PHI?
Yes. All three sign business associate agreements, AWS through AWS Artifact, Microsoft through its Data Protection Addendum and Google through its admin and console settings. Each publishes a list of HIPAA-eligible services, and the shared responsibility model means configuration, access control, logging and encryption settings remain your job.
What does a hospital security review actually ask?
Whether you have a current risk analysis and policies, how PHI is encrypted at rest and in transit, whether MFA is enforced, how access is granted and removed, how you log and monitor, your incident and breach process, your subprocessors and their BAAs, your backup and recovery, staff training, penetration testing, and whether you hold a SOC 2 report or HITRUST certification.

Sources

Rules, figures and enforcement examples on this page were checked against these in October 2026. Regulations and prices change, so confirm before you rely on them.

  1. HITRUST: all you need to know about the e1
  2. HHS: business associates
  3. HHS: guidance on HIPAA and cloud computing
  4. FTC: Health Breach Notification Rule
  5. AWS: HIPAA compliance
  6. Microsoft Learn: HIPAA and the HITECH Act
  7. Google Cloud: HIPAA compliance
  8. HITRUST: how much does HITRUST cost
  9. Drata: the post-SOC 2 playbook for healthcare

Written by the AccuSights compliance team and updated October 2026. Figures are quoted from the sources named here and were current when checked. This page is general information, not legal advice.

Next step

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