06/04/2026
A small behavioral health practice asked me last month: "Is our email HIPAA-compliant?"
The honest answer in 2026 is "I can't tell you without seeing your BAA and your vendor's current AI-feature documentation, and even then the answer might be 'compliance in spirit, not in writing.'"
Here's why. Most email vendors selling to behavioral health have BAAs on file. Most of those BAAs were written before the AI features that are now default-on in the product. The vendor's public posture is usually "our AI features are HIPAA-aligned". which is reassuring as marketing, but is not the same as a contract amendment your compliance officer can hand to an HHS auditor.
The gap isn't intentional malice on the vendor's part. It's a product team shipping features faster than a contracts team can amend agreements.
The risk falls on you. HHS doesn't audit the vendor. They audit your practice. Your BAA is the document they look at.
If your current BAA doesn't address AI training, AI feature data flows, AI vendor sub-processors, you have a gap. The assessment identifies it specifically.
Free. For behavioral health practices and clinics.
https://success.build/risk/behavioral-health/?utm_source=facebook&utm_medium=social&utm_campaign=aiwithaj-month2-week5&utm_content=aiwithaj-m2w5-thu-facebook-f1&utm_term=mofu