Wednesday, February 18

Hyperscalers in Healthcare & Life Sciences | Mogin Law LLP


When Hyperscalers Dominate the Healthcare Market, Patient‑Safety and Compliance Risks Arise

Hyperscalers increasingly sit behind core healthcare delivery and life‑sciences innovation. Cloud storage and compute now support electronic health records (EHRs), telehealth platforms, imaging archives, clinical trial systems, and data‑intensive research workflows. As these workloads concentrate among a small number of hyperscalers, the antitrust question—whether dominant providers can raise prices, restrict interoperability, or entrench lock‑in—moves from theory to day‑to‑day operational reality.

The impact of a severely concentrated hyperscaler market has drawn the attention of U.S. and European agencies, and competing hyperscalers. Read Are Clouds Too Sticky? Antitrust Authorities Probe Lock-In Pricing Complaints.


Why is this sector uniquely exposed to hyperscale concentration?

Healthcare organizations are not just “customers”; they are regulated custodians of highly sensitive data and mission‑critical workflows. The Department of Health and Human Services (HHS) has published specific guidance on Health Insurance Portability and Accountability Act (HIPAA) and cloud computing to help covered entities and business associates understand their obligations when using clouds, reflecting how widespread their adoption has become.

Life sciences companies face parallel pressures. Clinical and R&D programs increasingly rely on cloud-based collaboration, analytics, and storage—often with validation and compliance constraints that make switching providers expensive and risky.


How might monopolization risk show up in practice? 

Price power can function like a “tax” on care delivery and R&D. 

When an industry becomes dependent on a small number of hyperscalers for compliant storage, compute, security tooling, and analytics, customers can face structural price pressure—not only for “raw” infrastructure, but for managed services that become difficult to substitute at scale. In healthcare, where margins and budgets are constrained, increased run‑rate cloud costs can translate into delayed modernization, reduced investment in cybersecurity and resilience, or the need to consolidate vendors and systems—each of which can reduce competition downstream. 

Lock‑in is harder to escape because compliance is sticky. 

Exiting a cloud is difficult in any sector. In healthcare and life sciences, it is particularly hard because regulated data must be safeguarded and auditable through migration. Downtime can create patient‑care and operational disruptions. HHS’s HIPAA cloud guidance underscores that covered entities and business associates remain responsible for complying with HIPAA rules when using cloud services and should understand their obligations in these environments. 

Those realities—compliance friction combined with operational risk—are some of the classic conditions that allow market power to become durable.

“Shared responsibility” can become “shared blame” after an incident. 

HIPAA compliance in cloud environments depends on the allocation of responsibilities between the customer and the cloud provider and the safeguards implemented to protect electronic protected health information (ePHI). HHS intended with its guidance to clarify these obligations for regulated entities and cloud service providers.

In a concentrated market, customers may have less leverage to negotiate the assurances, audit posture, or bespoke controls they need, but they will still face regulatory exposure if something goes wrong.

Outage concentration increases patient‑care and operational risk.

Concentration also magnifies the “blast radius” of outages. If major EHR hosting arrangements, imaging platforms, telehealth services, and healthcare SaaS vendors cluster on the same hyperscaler, a provider disruption can create correlated operational failures across many organizations at once. Even sophisticated redundancy can be undermined if “shared dependencies” (identity, DNS, managed databases, logging, key management) remain inside a single ecosystem. 

Cloud concentration intersects directly with medical‑device cybersecurity and connected care.

If device ecosystems (updates, telemetry, analytics, remote management) or hospital operations become tightly coupled to one dominant cloud platform, a pricing shift, service change, or cyber event at that hyperscaler can cascade through the care environment.


What are some common effects of market power?

Healthcare and life sciences organizations often feel hyperscaler market power in these pressure points:

  • Data egress and migration economics: large imaging datasets, claims/clinical data lakes, and genomics archives can be expensive to move, making “choice” more theoretical than real. 
  • Standardized contracting: limited ability to negotiate audit rights, incident reporting, subcontractor transparency, and service-level details, even when regulatory obligations demand strong governance.  
  • Bundling and ecosystem capture: discounts or architectural “defaults” that push customers deeper into proprietary managed services, increasing switching costs over time. 

Practical mitigation steps (without pretending cloud is optional) 

A realistic response is not “avoid the cloud,” but design for competitive resilience: 

  1. Portability by design: prioritize open standards, containerization, and exportable data formats where clinically feasible. 
  1. Exit planning as a regulated capability: treat exit as a continuity and compliance requirement, not a procurement afterthought. 
  1. Contract leverage points: focus negotiation on audit rights, incident notification, subcontractor transparency, and predictable pricing mechanisms—areas that materially affect risk. 
  1. Redundancy where it matters: identify single points of ecosystem failure (identity, KMS, managed DB, DNS) and design controls accordingly. 
  1. Fourth‑party mapping: many “non‑cloud” healthcare vendors are single‑cloud underneath; map those dependencies before they surprise you. 

In healthcare & life sciences, hyperscaler concentration can raise costs, entrench lock‑in through compliance friction, and amplify the impact of outages or cyber events—concerns that FDA explicitly links to disruptions in patient care.  

Editor’s note: The mitigation steps above are derived from, and consistent with, guidance from HHS/OCR under HIPAA, NIST cloud and supply‑chain risk frameworks, and industry regulatory guidance on operational resilience, exit planning, and third‑ and fourth‑party risk. Sources: U.S. Department of Health and Human Services, Office for Civil Rights, Guidance on HIPAA & Cloud Computing; HIPAA Security Rule, 45 CFR §164.308(a)(7) (Contingency Planning); NIST SP 800‑145, The NIST Definition of Cloud Computing; NIST SP 800‑190, Application Container Security Guide; NIST SP 800‑161 Revision 1, Cybersecurity Supply Chain Risk Management Practices; OECD, Advisory Document on GLP & Cloud Computing; FDA 21 CFR Part 11; ISO 13485 (data integrity and supplier risk); plus Industry guidance on operational resilience, exit planning, and fourth‑party risk management.



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