08/11/2026
If your practice turned on an AI scribe this year, here is a question nobody in the building may have asked: did anyone ask the patient?
HIPAA covers what happens to the health information in that recording. It says almost nothing about whether you were allowed to record in the first place. That is state wiretap law, and it carries criminal penalties HIPAA does not.
Most articles about AI scribes lump Massachusetts and New Hampshire together as "all-party consent" states. That is wrong about one of them. Massachusetts prohibits secret recording, where actual knowledge is the test rather than permission. New Hampshire requires consent from everyone. New Hampshire is the stricter of the two, which surprises most people.
In April, patients filed a class action against two health systems over exactly this. The AI vendor was not named as a defendant. The providers were.
We wrote up what compliance actually looks like, including the consent sentence to say out loud and why the "mandatory 2026 HIPAA requirements" you are being sold are not law yet.
https://www.rnits.com/blog/hipaa-compliant-ai-medical-practice-scribes-consent/
HIPAA is only half the problem when AI listens to a patient visit. Massachusetts and New Hampshire recording law is the other half, and the rules differ.