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A clinical AI pathway live for patients this year, with the rights to it in your contract

By the wai teamOctober 15, 20266 min read

Reviewed by The Wellness Clinical Team, October 5, 2026

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Key points

Summary

Build on an API when the AI itself is your product and your team will own clinical review, logging, data agreements and regulatory status. Shape a live platform when clinicians and patients should be using the pathway this year, with data, workflow and exit rights written into the contract.

Clinicians and patients use the new pathway this year, and the organisation owns the data, the workflow and its configuration. That outcome comes from starting on a service that already runs in clinics and writing ownership into the contract.

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2%
of 180 surveyed health systems in six countries had deployed AI across the entire enterprise in 2025 1
40+
recommendations in WHO's guidance on large multi-modal models for health 3
53%
of surveyed US health system executives named multiple disparate software platforms as a barrier to data sharing 2

See the first pathway we would build for your organisation, running on the live platform, with the people who build it.

Clinical AI scorecard, building on an API or shaping a live platform
QuestionBuilding on an APILive platform you shape and own
Time to first patientAfter the whole service is builtStarts from a running service
Clinician review and sign-offYour team designs and builds itIncluded, set per pathway
Audit log and exportYour team builds and retains itIncluded and exportable
Data agreements and hostingOne agreement per layer of the stackAgreed with you, hosted in your country
Medical device questionAnswered for every function you offerAssessed per pathway before live use
Fit to a new pathwayAnything, at build costConfigured around your workflow
One record across servicesBuilt by your teamOne record across every surface
OwnershipYours, under the API's model termsData, workflow, configuration and model rights in the contract
ExitYours, without the modelPortability and exit terms agreed up front

The service around the model

Deloitte's 2026 outlook surveyed 180 health system executives in six countries in August and September 2025. About 30% ran generative AI at scale in select areas, and 2% had deployed AI across their entire enterprise.1

Reaching patients takes a clinician review and sign-off screen, an audit log, a record for the output to land in, an agreement with every party that touches patient data, and a view on whether the function is a medical device.

Building on an API

An API suits a company whose product is the AI itself, with clinical safety, information governance and regulatory people on the team alongside engineers. It gives full control of the experience and the model choice.

Under HIPAA, a subcontractor that creates, receives, maintains or transmits protected health information for a business associate is itself a business associate, so each layer of the stack needs its own agreement.4 A clinical decision support function offered under your own name needs a device assessment, and FDA's guidance, updated in January 2026, sets out which functions fall outside the device definition.5

WHO's guidance on large multi-modal models sets out more than 40 recommendations for governments, technology companies and providers, including engaging potential users and patients from the early stages of design.3

A live platform you shape and own

Start from a platform already running in clinics and build your pathway on it. Review screens, the record, the logs and the agreements are there on day one, and the organisation shapes the workflow, its data and its configuration.

With wai, the work begins in the clinic, defining one useful pathway with clinicians and operations staff and agreeing how its outcomes are measured. Components and integration scope are evaluated on the live platform before a build is committed, and the contract sets out data, workflow, configuration and model rights, portability and exit terms.7 Every surface reads the same patient record, so each new pathway extends one system.6 In a Deloitte survey of US health system executives, 53% named multiple disparate software platforms as a barrier to meeting data-sharing rules.2 The detail is on wai for digital health providers.

The questions that decide it

Weight each row in the scorecard for your organisation and write the answers into the contract. The cost side is in build or buy clinic AI.

Where to start

Name one pathway with a clinical owner and a measurable outcome, such as time from referral to first appointment or letters signed the same day, and name who reviews and signs every AI output in it.

Price both routes over three years, including the people you would hire to build and run them, and choose the one that brings patients a benefit soonest while you keep the data and the workflow. Contract terms are in the clinic AI procurement checklist.

Name one pathway and see how it would run on the live platform, with the rights you would hold.

Frequently asked questions

When is building on an API the right choice?

When the AI itself is the product you sell and your team includes clinical safety, governance and regulatory people to own review, logging, agreements and the device question.45

Does an API provider need a business associate agreement?

In the US, yes where it handles protected health information, because a subcontractor that creates, receives, maintains or transmits it for a business associate is itself a business associate.4

Who decides whether our AI feature is a medical device?

The organisation offering the function under its own name. FDA's clinical decision support guidance, updated January 2026, sets out which functions fall outside the device definition.5

What should the contract say about ownership?

It should set out data, workflow, configuration and model rights, portability and exit terms, as wai agrees with each organisation.7

How is a platform build priced with wai?

A fixed fee for the first build, then a monthly fee per site, with clinician seats and payments in the same agreement.7

Where is patient data hosted?

wai hosts each clinic's records in its own country, under that country's rules. We set this up with your clinic.7

Sources

  1. 1Deloitte, 20252026 Global Health Care OutlookRead 14 October 2026Read source
  2. 2Deloitte, Chang and colleagues, 2021Greater transparency and interoperability in health careRead 14 October 2026Read source
  3. 3World Health Organization, 2024WHO releases AI ethics and governance guidance for large multi-modal modelsRead 14 October 2026Read source
  4. 4Electronic Code of Federal Regulations45 CFR 160.103, definitions, business associateRead 14 October 2026Read source
  5. 5US Food and Drug Administration, 2026Clinical Decision Support Software, guidance for industry and FDA staffRead 14 October 2026Read source
  6. 6wai, 2026The wai platform, one system across three surfacesRead 14 October 2026Read source
  7. 7wai, 2026wai for clinic groups and chains, how a build worksRead 14 October 2026Read source
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