Washington Court Rules that Patients Can’t Demand AI Scribe Recordings

In Raphael v. Mantei, a recently reported Washington state court decision, the judge rejected a patient’s request for access to a raw audio recording used by an ambient AI tool during a telehealth visit to assist in the creation of a clinical note. The physician had used an ambient scribe to record the encounter and generate a draft note, which was subsequently reviewed, edited, and finalized before being incorporated into the patient’s medical record. The court agreed with the treating clinic’s position that the audio recording served solely an administrative purpose and therefore fell within an exception to disclosure under Washington’s Uniform Health Care Information Act.

The clinic’s position was supported by an amicus brief filed by the American Medical Association, the Washington State Medical Association, and the Washington State Hospital Association. The groups jointly argued that AI-generated audio recordings should be treated similarly to physician dictation, handwritten notes, and other intermediate materials used in preparing the medical record, rather than as part of the medical record itself.

Although the decision is limited to an interpretation of Washington law, it highlights issues that are likely to arise as ambient documentation technologies become more prevalent across healthcare settings. The ruling does not establish a nationwide standard, address patient consent requirements, or resolve how HIPAA’s right of access applies to AI-generated recordings. Providers and health systems implementing ambient scribe technologies should continue to monitor developments in state patient-access laws while maintaining a vigilant compliance posture.