Do we need a Business Associate Agreement for an ambient documentation tool?

If the tool will create, receive, maintain, or transmit protected health information on your organization’s behalf, a Business Associate Agreement is generally required, and ambient documentation tools by their nature process clinical encounter content.

The questions worth asking beyond the agreement itself: which subcontractors and cloud providers sit downstream of that obligation, whether encounter audio or transcripts are retained and for how long, and whether any of it is used to train or improve models, with a contractual answer rather than a verbal one.

This is general information about a contracting requirement, not legal advice. Specific obligations depend on the arrangement and belong with your counsel and privacy office.