HIPAA for software companies is a different problem
Most HIPAA content online is written for hospitals and clinics. If you're a SaaS or digital health company, your situation is structurally different — and the hospital playbook will lead you to do the wrong work.
First, you're almost certainly a business associate, not a covered entity. Covered entities are providers, health plans, and clearinghouses. A business associate is any vendor that creates, receives, maintains, or transmits protected health information (PHI) on a covered entity's behalf — which describes nearly every health-tech SaaS. Since the 2013 Omnibus Rule, business associates are directly liable under the Security Rule and Breach Notification Rule, so "we're just the vendor" is not a defense. But the obligations that bind you arrive through a specific document: the business associate agreement (BAA).
Second, your scope is narrower. A hospital worries about paper charts, front-desk conversations, and badge readers. Your PHI lives in a database, an object store, application logs, and a handful of third-party services. That makes the Privacy Rule's facility-oriented requirements mostly marginal for you, and the Security Rule's technical safeguards — access control, audit logging, encryption, transmission security — the center of gravity.
Third, your controls are cloud-native. Encryption at rest is a KMS setting, not a locked filing cabinet. Access control is IAM and your application's RBAC. Audit controls are structured logs with retention. The work is real, but it maps onto engineering practices you may already have — especially if you've done SOC 2.
One more thing the hospital content rarely says plainly: there is no official HIPAA certification. No government body certifies compliance, and no audit is required by the law itself. You demonstrate compliance through a documented risk analysis, written policies, implemented safeguards, signed BAAs — and, increasingly, a SOC 2 report or HITRUST certification because enterprise health buyers want third-party proof.
Start here
If you're new to HIPAA — or new to being asked about it by a prospect — start with the free checker, then read the full guide.
The rules
What the regulation actually requires, translated for engineering teams.
Decisions
The comparisons and cost questions that come up once HIPAA is on your roadmap.
Infrastructure
Making your cloud stack HIPAA-eligible — and understanding what the cloud provider's BAA does and doesn't cover.
Running the program
The operational controls auditors and OCR actually test — with the documentation each one requires.
By vertical
HIPAA lands differently depending on what you're building. These guides cover the vertical-specific traps.
HIPAA for SaaS in 60 seconds
- You are (probably) a business associate
- Any vendor that creates, receives, maintains, or transmits PHI for a covered entity is a business associate — directly liable under the Security and Breach Notification Rules.
- The BAA is mandatory
- A signed business associate agreement is required before any PHI flows. No BAA, no deal — and you need BAAs with your own subcontractors (cloud, video, messaging) too.
- Three safeguard categories
- The Security Rule requires administrative safeguards (risk analysis, training, policies), physical safeguards (facility and device controls), and technical safeguards (access control, audit logs, integrity, encryption, transmission security).
- No official certification exists
- HHS does not certify HIPAA compliance. You prove it with documentation — risk analysis, policies, evidence — and buyers increasingly want SOC 2 or HITRUST as third-party proof.
- Breach notification: 60 days max
- Covered entities must notify affected individuals without unreasonable delay and no later than 60 days after discovering a breach; business associates must notify the covered entity on the same outer deadline, per the BAA's (usually much shorter) terms.
Common questions
Is there an official HIPAA certification?
No. Neither HHS nor any government body certifies HIPAA compliance. Anyone selling a "HIPAA certificate" is selling an attestation of their own design. What buyers actually accept as proof: a signed BAA, a documented risk analysis, security policies, and increasingly a SOC 2 report or HITRUST certification that covers the HIPAA Security Rule controls.
What is a business associate?
A business associate is any vendor that creates, receives, maintains, or transmits protected health information (PHI) on behalf of a covered entity (a provider, health plan, or clearinghouse). Most health-tech SaaS companies are business associates, not covered entities. Business associates are directly liable under the HIPAA Security and Breach Notification Rules and must sign a business associate agreement (BAA) before handling PHI.
Do I still need HIPAA compliance if I host on AWS?
Yes. AWS will sign a BAA and provides HIPAA-eligible services, but that covers only their side of the shared responsibility model — physical security and infrastructure. You remain responsible for access controls, encryption configuration, audit logging, workforce training, risk analysis, policies, and your own BAAs. Hosting on a HIPAA-eligible cloud is necessary but nowhere near sufficient. Our HIPAA on AWS guide covers the split in detail.
How long does HIPAA compliance take for a SaaS company?
For a small SaaS team starting from a reasonable security baseline, 2–4 months is realistic: risk analysis and gap assessment in the first few weeks, then policies, technical safeguard implementation, workforce training, and BAA management. Teams that already have SOC 2 in place move faster because the control overlap is substantial.
How much does HIPAA compliance cost?
There is no audit or certificate to buy, so the cost is implementation: risk analysis, policies, technical safeguards, training, and tooling. Small SaaS teams doing the work in-house with a compliance platform typically spend a few thousand to low tens of thousands of dollars; adding consultants or pursuing HITRUST on top raises that significantly. See the HIPAA compliance cost guide for a full breakdown.
Last updated: June 11, 2026 · Reviewed by the LukaGRC compliance team
Run your HIPAA program in LukaGRC.
Risk analysis, policies, evidence, and BAA tracking in one platform. 14-day trial. No card.
Start free trial →