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Who Does HIPAA Apply To?
Compliance Decision Tree for HealthTech Founders

Before you pick infrastructure, choose vendors, or plan your data model, you need a defensible answer to one question: does HIPAA apply to your product?This guide walks you through the exact decision logic — the same reasoning used by healthcare compliance teams when evaluating early-stage products.

Why HIPAA Applicability Must Be Decided Before You Build

When bringing a healthcare product to market, uncertainty about HIPAA applicability leads to bad architecture, vendor rework, and launch delays. Our Decision Tree gives you a clear, defensible path to determine scope early—so your data model, vendors, and timelines align with US healthcare regulations from day one.

Determine Your HIPAA Obligations with Confidence

Before you can make informed architecture or vendor choices, you need clarity on whether HIPAA actually applies to your product. This decision tree gives you a practical, product-ready framework for interpreting HIPAA scope in real-world scenarios — helping you validate compliance requirements early and avoid expensive infrastructure rewrites later.

What’s Inside the HIPAA Applicability Decision Framework

01

Foundational Criteria

Learn how HIPAA defines regulated entities and when a digital health product falls under its scope. Understand the difference between health information and protected health information, and why context — not just data type — determines applicability.

02

Real-World Edge Cases

Work through scenarios that confuse most early-stage teams: de-identified data, patient-directed access, wellness vs. clinical positioning, and vendor roles that trigger or remove HIPAA obligations.

03

Business Associate Logic

See how HIPAA defines “creating, receiving, transmitting, or maintaining” PHI, and apply that reasoning to your infrastructure, integrations, and third-party tooling decisions before contracts are signed.

04

Vendor-by-Vendor Impact

Understand when a BAA is legally required, when a vendor acts only as a conduit, and when payment processing is exempt. Avoid over-compliance as much as under-compliance.

05

Practical Application

Use the full decision tree to validate your compliance posture before development — helping your product, security, and architecture decisions align with regulatory reality from day one.

Why This HIPAA Compliance Guide Matters

Most teams don’t go wrong by ignoring HIPAA — they go wrong by assuming it does or doesn’t apply without validating the conditions that actually trigger compliance. This framework brings clarity to the gray areas early in your product lifecycle, helping you design infrastructure, data flows, and vendor relationships with confidence instead of guesswork.

01

Prevent costly architectural rework by confirming HIPAA scope before storing or transmitting data

02

Make defensible compliance decisions rooted in how regulators interpret PHI handling in practice

03

Avoid unnecessary over-compliance by distinguishing patient-directed access, de-identification, and conduit services

04

Reduce implementation risk by knowing exactly when BAAs are required and when they are legally optional

Who Needs This HIPAA Applicability Framework

This decision resource is essential for:

CTOs & Technical Leaders

Validate compliance scope before committing to infrastructure decisions. Understand when HIPAA is triggered by architecture choices, data flows, or integrations — even before patient data is stored.

Product & Project Managers

Clarify whether PHI is in scope for your product and how that impacts tooling, workflows, and vendor requirements. Translate regulatory conditions into product planning decisions.

HealthTech Founders

Determine whether HIPAA applies to your solution before fundraising, go-to-market planning, or technical execution — reducing compliance risk and aligning with investor due diligence expectations.

Expert Quote

"The real risk isn’t only missing HIPAA, it’s also building a product as if HIPAA applies when it actually doesn’t. I see both mistakes in early security reviews. One leads to legal exposure, the other leads to unnecessary isolation, vendor complexity, and infrastructure cost. Teams often don’t realize that a single detail, like who initiates data access or how it is routed, can change their compliance posture entirely. When you know the applicability boundary upfront, you can right-size your architecture: strong security where it’s required, and no wasted effort where it isn’t. That is what this decision tree is meant to give you: a clean starting point before you overbuild or underprotect."
Jakub Czaplicki | Security Officer | Momentum

Take the Next Step in Your Product’s Compliance Journey

The healthiest time to make HIPAA decisions is before a single vendor is integrated or a database is provisioned. Early clarity gives you freedom: you can architect confidently, avoid unnecessary constraints, and protect user trust without overbuilding. Download the Who Does HIPAA Apply To? Decision Tree to confirm your compliance posture now — and set a clean foundation for secure, US-market-ready development.

Meet the Authors

Jakub Czaplicki

Security Officer | Momentum

Piotr Sobusiak

CTO | Momentum

Additional Resources