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In the United States, sometimes—but there is no single nationwide right that lets patients opt out of every use of AI in medical care. Whether you can decline a particular tool, and whether your provider offers another workflow, depends on what the tool does, how it uses your information, state law, and the provider’s policies. Ask about the specific tool before assuming that “AI” means recording, diagnosis, or automated treatment.
What HIPAA does—and does not—let you control
HIPAA’s Privacy Rule governs uses and disclosures of protected health information (PHI) by covered entities and their business associates. It generally permits covered entities to use or disclose PHI for treatment, payment, and health care operations without obtaining an individual’s HIPAA authorization. That permission does not, by itself, establish that every AI tool or every use of data fits one of those purposes. Ask your provider what the particular tool does and why it processes information.
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HHS draws an important distinction: HIPAA governs information use and disclosure, not whether a patient consents to receiving health care. HHS says informed consent for treatment is addressed by state law. So HIPAA neither creates a universal AI opt-out nor means that a clinic must always obtain AI-specific consent.
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1Fix the driver behind crashes, sound loss and screen glitches2Clear out junk files and repair common Windows errors3Scan for outdated or missing drivers - takes under a minute| Term | What it concerns | What it does not establish by itself |
|---|---|---|
| Consent to treatment | Whether you agree to a health care service or intervention; informed-consent requirements are addressed by state law. | A particular HIPAA permission for using or disclosing PHI. |
| HIPAA permission for treatment, payment, or health care operations | Uses and disclosures of PHI that the Privacy Rule permits without individual authorization. | That every AI-related data use is permitted, or that you can always demand a non-AI alternative. |
| HIPAA authorization | Permission generally required for a use or disclosure not otherwise allowed by the Privacy Rule. | A general consent to treatment or a blanket AI-use permission. With limited exceptions, treatment or coverage may not be conditioned on an individual’s authorization. |
| AI-specific form or process | A provider’s own disclosure or request concerning a particular tool or workflow. | That the form is necessarily a HIPAA authorization, or that a nationwide law requires or guarantees it. |
This distinction follows HHS’s FAQ, “What is the difference between ‘consent’ and ‘authorization’ under the HIPAA Privacy Rule?” (last reviewed December 28, 2022), and its “Treatment, Payment, and Health Care Operations Disclosures” guidance. Read the actual form and ask what it covers; the word “consent” can refer to different processes.
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First find out what “AI” means in your care
AI can refer to very different functions, from helping write a visit note to analyzing an image or suggesting a clinical action. ONC describes clinical decision support (CDS) as digital tools that provide timely, person-specific information to enhance care outcomes and quality. Examples include patient-data summaries, documentation templates, diagnostic support, guidelines, order sets, and alerts. These functions may be built into an electronic health record, or provided through a standalone system or plug-in.
Documentation tools
A documentation assistant may help draft or organize a note. Ask whether it listens to or records your appointment, uses information already in your record, sends data to a vendor, and whether a clinician reviews the resulting note before it is used or added to your chart. Do not assume a tool transcribes audio simply because it is described as AI, or assume it does not record because its purpose is documentation.
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Decision-support or diagnostic tools
A tool may summarize information, flag a concern, suggest a diagnosis, or support a clinician’s decision. Ask whether it recommends or makes a diagnosis or treatment decision, what information it uses, and how the clinician checks its output. The label “AI” alone does not tell you how much influence the tool has on care.
FDA status is a separate question
FDA’s final Clinical Decision Support Software Guidance for Industry and Food and Drug Administration Staff (January 2026) describes statutory criteria under which some CDS software functions are excluded from the medical-device definition. FDA policies continue to apply to functions that meet that definition, including certain functions intended for patients or caregivers. FDA says its oversight of medical devices, including AI-enabled devices, takes a risk-based approach based on intended use and technological characteristics.
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As of September 2026, FDA reports that it had authorized over 1,600 AI-enabled medical devices for marketing in the United States. That is a dated count of authorized devices—not a count of AI systems used by your provider, and not evidence that a patient can or cannot opt out. FDA device oversight and your rights concerning a particular care workflow are separate matters.
How to ask about a tool before your appointment
You can ask the clinician, clinic, or hospital these questions. They help clarify the workflow; they do not guarantee that the provider must offer an alternative.
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- “What tool or automated system will be used, and what does it do?”
- “Will it record or transcribe audio or video, or use information already in my medical record?”
- “What information is sent outside the provider’s organization, who receives it, and how long is it retained?”
- “Is the information used only to support my care, or does the notice describe other uses, such as product improvement or training?”
- “Does the tool make or recommend a diagnosis or treatment, or does it help with documentation?”
- “Will a clinician review and verify its output before it goes into my record or affects a care decision?”
- “Can I decline this specific tool? If I do, what workflow is available, and would declining affect scheduling, cost, or care?”
- “Can you explain whether this form is treatment consent, a HIPAA authorization, or an optional AI-specific form?”
If you want to decline, take these steps
- Identify the particular tool. Ask what it does and whether it captures audio, video, or other information during the visit, or processes existing records or images.
- Ask what happens if you say no. Request the provider’s available alternative and ask whether declining changes scheduling, cost, or the care offered. Do not assume an alternative is required or available.
- Read the relevant notice or form. Ask the provider to explain what permission it requests and what data use it describes. HIPAA treatment, payment, and health care operations permissions are not interchangeable with an authorization for another use.
- Get help if the answer is unclear. Ask for the provider’s privacy officer or patient-relations contact and request the applicable policy in writing. State law and local policy may matter, especially for recording or consent questions.
What can change the answer
The relevant details are the state where care is provided, the specific provider, the tool’s function, the information it processes, and the purpose of that processing. The sources cited here do not establish a universal right to refuse an AI scribe, require manual documentation, or obtain non-AI care. Nor do they determine the result under every state’s laws or every provider’s policy. For a specific visit, ask the provider about its current workflow and the state rules that apply.
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