Dental and medical practices · Last updated

Can a dental practice sell its data to AI?

Short answer: Patient records are mostly off the table: HIPAA bars selling protected health information without patient authorization, and Mode says health records are excluded from its deals. A practice with 15+ staff may still meet Mode's medical threshold for non-clinical records, but the licensable scope is narrow.

HIPAA

HIPAA's sale-of-PHI rule requires authorization (45 CFR § 164.502). Properly de-identified data isn't PHI (HHS de-identification guidance). Some states add their own limits, for example Texas (Tex. Health & Safety Code ch. 181).

Program rules

Mode lists minimum team sizes of 10+ employees for legal, 15+ for accounting, medical and finance, and 50+ for all other businesses, for companies based in the US, Canada, the UK or Australia with several years of records they own (Mode). Mode's FAQ says health records are excluded (Mode affiliate FAQ).

Industry (U.S. firms, 2022)All firms10+ staff15+30+50+
Offices of dentists (NAICS 6212)120,48828,91710,5892,131632
Offices of physicians (NAICS 6211)145,30528,05317,8268,8034,027

Source: U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizes. Counts are firms (enterprises) by paid employees; independent contractors are not counted. Sums of size classes at or above each threshold.

What's left

Front-office SOPs, scheduling and billing workflows with patient data removed, training material and vendor management.

This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.

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Frequently asked questions

Can I sell de-identified X-rays?

That's a different market from the operating-records programs here, and it needs HIPAA de-identification and counsel.

Do my software vendors' BAAs matter?

Yes. Check what your practice-management and imaging vendors' agreements allow.

Sources

Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.

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