Provision record
Hims & Hers · Hims & Hers Terms and Conditions · View original document ↗

HIPAA Non-Covered-Entity Disclaimer

High severity Medium confidence Explicit document language Unique · 0 of 352 platforms
Stay ahead of the changes
Track Hims & Hers and get the diff the day its terms change.
Share 𝕏 Share in Share 🔒 PDF
Document Record

What it is

The agreement asserts that Hims & Hers as the direct platform operator is not a HIPAA covered entity, and acknowledges that affiliated Labs, Pharmacies, and Medical Groups may or may not be covered entities or business associates under HIPAA. This means health information provided to Hims & Hers directly may not receive HIPAA protections as applied to the platform operator.

ⓘ

This analysis describes what Hims & Hers's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes that health and medical information processed by Hims & Hers as the platform operator is not subject to HIPAA protections as applied directly to that entity, while acknowledging uncertainty about the HIPAA status of affiliated clinical partners. Legal and compliance teams should evaluate whether applicable state health data privacy laws and FTC health breach notification rules provide alternative protections for health data processed outside the HIPAA framework.

⚠

Interpretive note: The document excerpt was truncated, introducing uncertainty about the full scope of HIPAA-related disclosures. Additionally, the legal determination of whether Hims & Hers qualifies as a covered entity or business associate depends on regulatory analysis beyond what the agreement itself can resolve.

Recent Activity

This document changed recently

Medium Sep 1, 2026

The updated terms revise when subscription cancellations become effective for pre-paid multi-month medication plans. Under the previous language, cancellation could occur at least two days before the billing date following the end of the currently shipped supply. The revised policy now states that cancellation must occur at least two days before the next billing date but will not take effect until the end of the medication supply period. This means that if you request cancellation after a billing date but before your current medication shipment is fully consumed, your subscription will continue through the end of that supply period before the cancellation takes effect. You should review the specific timing of your medication shipments and billing dates to understand when a cancellation request will fully process.

View change record →
Medium Aug 7, 2026

The updated terms now authorize Hims & Hers to bill for Weight Loss Membership at 'monthly or multi-month intervals' rather than on a fixed monthly basis, expanding the company's discretion over billing frequency. Additionally, the agreement establishes that refunds for partially used membership or medication plan periods 'may be provided in our sole and absolute discretion' instead of guaranteeing refunds under specific conditions. The first-month membership fee is explicitly non-refundable, and medication refunds remain available only if cancelled within 48 hours of initial order or two days before renewal. The practical effect is that subscribers cannot predict billing intervals with certainty, and refund eligibility now depends on company discretion rather than contractual terms alone.

View change record →

Consumer impact (what this means for users)

Under this clause, health information submitted to Hims & Hers through the platform is not protected by HIPAA as applied to Hims & Hers directly, and the agreement acknowledges that affiliated clinical partners may or may not be HIPAA-covered entities. The Privacy Policy governs how Hims & Hers collects, uses, and discloses personal and health information it processes as the platform operator.

Cross-platform context

See how other platforms handle HIPAA Non-Covered-Entity Disclaimer and similar clauses.

Compare across platforms →
▸ View Original Clause Language DOCUMENT RECORD
"
Hims & Hers is not a 'covered entity' under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, 'HIPAA'). One or more of the Labs, Pharmacies or Medical Groups may or may not be a 'covered entity' or 'business associate' under HIPAA, and Hims & Hers ma

Excerpt from Hims & Hers's Terms and Conditions

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: This provision directly engages HIPAA and its implementing regulations, specifically the Privacy Rule and Security Rule administered by HHS Office for Civil Rights.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Department Of Health & Human Services, Office For Civil Rights (hhs Ocr)
    Enforces HIPAA Privacy and Security Rules, which protect health information held by healthcare providers, health plans, and their business associates.
    Who can file: Anyone whose HIPAA rights may have been violated by a covered entity (healthcare provider, health plan, or healthcare clearinghouse)
    What you need: Name of the entity, description of the violation, date of the incident, and your contact information. Must file within 180 days of the violation.
    What to expect: HHS OCR investigates and may require the entity to take corrective action. Does not provide individual compensation. Serious violations can result in civil monetary penalties.
    File a complaint →
  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Provision details

Document information
Document
Hims & Hers Terms and Conditions
Entity
Hims & Hers
Document last updated
July 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-015474
Document ID
CA-D-00906
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
125a36c8df75aae2f8e2938adaed9db682f47d9cd5264d01a86ca550ad3fb7ef
Analysis generated
July 9, 2026 08:05 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Hims & Hers
Document: Hims & Hers Terms and Conditions
Record ID: CA-P-015474
Captured: 2026-07-09 08:05:51 UTC
SHA-256: 125a36c8df75aae2…
URL: https://conductatlas.com/platform/hims-hers/hims-hers-terms-and-conditions/provision/CA-P-015474/hipaa-non-covered-entity-disclaimer/
Accessed: Oct. 3, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Get the research letter

Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.

Frequently Asked Questions

What does Hims & Hers's HIPAA Non-Covered-Entity Disclaimer clause do?

This provision establishes that health and medical information processed by Hims & Hers as the platform operator is not subject to HIPAA protections as applied directly to that entity, while acknowledging uncertainty about the HIPAA status of affiliated clinical partners. Legal and compliance teams should evaluate whether applicable state health data privacy laws and FTC health breach notification rules provide …

How does this clause affect you?

Under this clause, health information submitted to Hims & Hers through the platform is not protected by HIPAA as applied to Hims & Hers directly, and the agreement acknowledges that affiliated clinical partners may or may not be HIPAA-covered entities. The Privacy Policy governs how Hims & Hers collects, uses, and discloses personal and health information it processes as the …

Is ConductAtlas affiliated with Hims & Hers?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Hims & Hers.