Can a home health agency sell its data to AI?

Home health agencies are large employers with heavy PHI. What size rules say and what non-clinical records might be licensable.

Last updated 4 sources cited1 min read

Short answer: Clinical records are off the table under HIPAA and Mode's exclusions. Scheduling, workforce and operations records with patient data removed may be licensable. Census counts 7,494 U.S. home health agencies with 30+ employees.

On this page
  1. PHI
  2. What could be in scope
  3. Size
  4. Frequently asked questions
  5. Sources

PHI

HIPAA generally prohibits selling PHI without authorization (45 CFR 164.502). Mode says health records, payment card data and children's data are excluded, and that its AI customer is contractually barred from trying to identify anyone in the data (Mode affiliate FAQ).

What could be in scope

  • Caregiver scheduling and dispatch workflows, de-identified.
  • Recruiting, onboarding and training records.
  • Payer and billing processes at process level.

Size

Ask Mode whether home health counts as medical (15+). micro1 asks for 30+ employees, mostly English data, and says it is prioritizing US companies (micro1).

Industry (U.S. firms, 2022)All firms15+ staff30+ staff50+ staff100+ staff
Home health care services (NAICS 621610)28,19811,4157,4945,0712,748

Source: U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizes. Firms (enterprises) by paid employees; contractors are not counted. Each column sums the Census size classes at or above that size.

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

Are visit notes clinical?

Yes. Keep them out.

Do caregivers count toward headcount?

If they are paid employees, Census counts them; ask the buyer how it counts.

Sources

  1. 45 CFR § 164.502, including the sale-of-PHI rule (Cornell LII)law.cornell.edu
  2. Mode affiliate FAQ (PDF, dated Oct 14, 2026)bizbuydata.com
  3. micro1 company referral pagemicro1.ai
  4. U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizeswww2.census.gov

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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