10/09/2026
Court ruling worth knowing: patients do not have a legal right to ambient AI recordings of their visits.
In Raphael v. Mantei, a Washington judge ruled that the audio an AI scribe captures (in this case, Nuance DAX during a telehealth visit) is exempt from disclosure. The reasoning: the recording serves an "administrative purpose," the same as dictation or handwritten notes. Only the physician's final clinical note counts as the record of care.
What this means for practices using AI scribes:
- The draft audio is not part of the medical record. The final note is.
- This is one of the first rulings in the country on AI scribe technology, an early precedent for compliance teams.
- It is Washington law only. It does not settle HIPAA's right of access or state consent rules, which still vary.
If your practice is adopting ambient documentation, your policies should spell out what the recording is for, who can access it, and how long it is kept. Need a second set of eyes on that? That is what we do.