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ClinicAI

Do AI Therapy Note Tools Need a BAA? What Each Vendor Offers (2026)

Updated Jul 30, 2026Written for: Therapist confirming the BAA situation before adopting an AI notes tool

By Ilan Sender, Founder & Editor · Last updated Jul 30, 2026

ClinicAI is independently researched and edited. We are not clinicians, and nothing here is medical advice — we compare practice software so you can decide. How we evaluate tools.

This is an independent editorial comparison based on vendor documentation, pricing, and security pages — not on reviews collected on this site. We have not tested note accuracy; trial any shortlist on your own visit types before paying. See our methodology.

FeatureUphealMentalycSupanoteAutoNotesYung SidekickScribeberry
PriceFree + up to $69/mo$19.99–$119.99/mo$29.99–$89.99/mo$29–$69/mo$39.99–$99.99/moFree + up to $99/mo
Free Trial30 days14 days14 days7 days30 days3 days
RatingNo reviews yetNo reviews yetNo reviews yetNo reviews yetNo reviews yetNo reviews yet
HIPAAIndependently auditedIndependently auditedSelf-reportedSelf-reportedSelf-reportedSelf-reported
Top EHRsNone documentedSimplePractice, TherapyNotes, JaneNone documentedNone documentedNone documentedEpic, Jane, Cerner/Oracle Health
Best ForTherapists with lighter caseloads (pay-per-session pricing) or anyone open to replacing their EHR entirelyTherapists on SimplePractice, TherapyNotes, Jane, or TheraNest who want notes pushed into their EHR instead of copy-pasteMultilingual practices and therapists who see couples and want that supported at the entry priceHigh-volume note writers on a budget — flat plans with unlimited notes on every tierPrice-sensitive solo therapists who want session insights and analytics, not just notesMultilingual, Canadian, or cross-border practices that want a standing free tier (20 uses/month) before paying
AccuracyN/AN/AN/AN/AN/AN/A
Setup EaseN/AN/AN/AN/AN/AN/A

Our Recommendation

Every dedicated therapy-notes tool we track offers a BAA, so the real choice is the posture behind it. Upheal (BAA at signup) and Mentalyc (BAA every plan) cite a third-party SOC 2 Type II attestation, and Scribeberry pairs its BAA with a SOC 2 Type 2 report available by request (no auditor named publicly); Supanote, AutoNotes, and Yung Sidekick offer a BAA but self-report HIPAA. Execute the BAA before recording any PHI, and confirm recording-retention practices. This is educational, not legal advice. Take the quiz to filter by your compliance bar.

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The Short Answer: Yes — and Every Tool Here Offers One

If an AI tool processes your clients' protected health information (PHI) — and an AI notes tool that hears or reads session content does — then under HIPAA that vendor is a business associate, and you need a Business Associate Agreement (BAA) in place before you send it any PHI. The good news: every dedicated therapy-notes tool we track offers a BAA. The differences are in when it applies and what audited security sits behind it.

This is educational, not legal advice — confirm your specific obligations with your own compliance counsel.

BAA Availability by Tool (as stored)

ToolBAAWhen it appliesIndependent audit
UphealYesApplies to every account at signupSOC 2 Type II cited (verified)
MentalycYesAvailable on every planSOC 2 Type II cited (verified)
ScribeberryYesAdvertisedSOC 2 Type 2 cited, report by request — no auditor named (vendor claim)
SupanoteYesAdvertisedNone cited (self-reported HIPAA)
AutoNotesYesSigned with every customerNone cited (self-reported "HIPAA-aligned")
Yung SidekickYesOfferedNone cited (self-reported HIPAA)

What to Watch For

A BAA is necessary but not the whole picture. Two tools can both "offer a BAA" while differing sharply in independently-audited security. Upheal, Mentalyc, and Scribeberry pair their BAA with a third-party SOC 2 attestation — though Upheal and Mentalyc cite a SOC 2 Type II attestation directly, while Scribeberry's SOC 2 Type 2 report is available only by request and names no public auditor; Supanote, AutoNotes, and Yung Sidekick offer a BAA but self-report their HIPAA compliance without citing an audit. The BAA is the contract; the SOC 2 is the evidence the controls behind it were independently checked.

Confirm the BAA is actually executed before you record a single session. Several tools make the BAA available "on every plan" or "with every customer," but availability is not the same as a signed agreement. The honest workflow: sign up, request/execute the BAA, then start recording PHI.

Check what happens to recordings. Where the data is documented: Mentalyc (independently audited) auto-deletes recordings within 3 days, and Scribeberry states it stores no audio recordings and trains no models on PHI — a strong claim, though Scribeberry's own posture is self-reported. Upheal's recording-retention specifics and the self-reported tools' practices are less documented in our data — ask directly.

The Practical Takeaway

You don't have to choose between BAA-yes and BAA-no — they all offer one. You're really choosing between self-reported and independently audited posture behind that BAA. If audited posture matters to you, start with Upheal or Mentalyc (purpose-built for therapy) or Scribeberry (general scribe, no documented therapy formats). If you're comfortable with a vendor attestation at a lower price, the self-reported tools all carry a BAA too.

We document what vendors publish; we don't verify their security ourselves, and nothing here substitutes for your own compliance review.

Want a shortlist filtered to "BAA plus independent audit" or by price? Take the 30-second matcher quiz.