ChatGPT vs Claude: which signs a HIPAA BAA?
Both can be covered by a BAA, on different terms. OpenAI signs one for ChatGPT only on Enterprise; Edu; ChatGPT for Healthcare; ChatGPT for Clinicians; ChatGPT FedRAMP. Anthropic signs one for Claude only on Enterprise (self-serve or sales-assisted).
- Business associate
- OpenAI
- Tool
- ChatGPT
- Plans with a BAA
- Enterprise; Edu; ChatGPT for Healthcare; ChatGPT for Clinicians; ChatGPT FedRAMP
- Checked
Some plans only
- Business associate
- Anthropic
- Tool
- Claude apps (Claude.ai)
- Plans with a BAA
- Enterprise (self-serve or sales-assisted)
- Checked
Some plans only
Side by side
| ChatGPTOpenAI | ClaudeAnthropic | |
|---|---|---|
| BAA | Some plans only | Some plans only |
| Plans with a BAA | Enterprise; Edu; ChatGPT for Healthcare; ChatGPT for Clinicians; ChatGPT FedRAMP | Enterprise (self-serve or sales-assisted) |
| How to get it | Through sales; Accept or sign online | Accept or sign online |
| AI features outside the BAA partly covered excluded |
|
|
| Sources | 5 sources | 4 sources |
| Last checked | Oct 11, 2026 | Oct 11, 2026 |
Every plan
ChatGPT
- Free / Plus / ProOpenAI's HIPAA guide says the consumer ChatGPT services are not Eligible Services and may not be used with PHI.No BAA
- Business (formerly Team)OpenAI states that it does not offer a BAA for ChatGPT Business.No BAA
- EnterpriseOnly sales-managed Enterprise accounts are eligible. The HIPAA-eligible product list names 'ChatGPT for Enterprise with Regulated Workspace', and Enterprise is eligible only if the BAA lists it as an Eligible Service.Conditions apply
- EduSales-managed Edu accounts may get a BAA, and Edu is eligible only if the BAA lists it. The HIPAA-eligible products page does not list Edu as a product, though it lists Study Mode as covered functionality for Edu.Conditions apply
- ChatGPT for HealthcareListed as a HIPAA-eligible product with a BAA. It is a workspace for healthcare organizations, obtained by contacting OpenAI's team. This is also the route for multi-user clinician BAAs with central controls.Signs a BAA
- ChatGPT for CliniciansFree at launch for verified US clinicians (MD/DO, NP, PA, pharmacists) with a valid NPI and a verifiable license. Each clinician reviews and signs the BAA in the product under Settings > Agreements. Individual accounts only.Signs a BAA
- ChatGPT FedRAMPListed as a HIPAA-eligible product available with a BAA. How to obtain it is not described.Signs a BAA
Claude
- Free / Pro / MaxAnthropic says individual plans can't enable HIPAA, and its API docs list consumer products as outside HIPAA coverage.No BAA
- TeamAnthropic says Team plans can't enable HIPAA.No BAA
- Enterprise (self-serve or sales-assisted)Only the Primary Owner can accept the BAA, under Organization settings > Data and privacy > HIPAA Compliance, with no sales or legal cycle needed. Standard Enterprise has no BAA coverage until this is done. To cover Claude Code and Cowork (local mode), the separate HIPAA configuration must be applied, and it cannot be removed afterward.Signs a BAA
If you handle patient data
Either can work. Choose on features and price, then make sure you’re on a plan listed above and the BAA is signed before anyone enters protected health information. Keep PHI out of the AI features listed as outside the BAA.
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A signed BAA is necessary but not sufficient for HIPAA compliance, which also depends on configuration, access controls, and your own policies. Verdicts summarize the vendor's own published terms as of the date checked; confirm with the vendor and your counsel before sending protected health information. Not legal advice.