HIPAA

Health Insurance Portability and Accountability Act Security Rule — HHS Office for Civil Rights (OCR)

Also known as: HIPAA Security Rule, 45 CFR 164, HITECH, Health Insurance Portability and Accountability Act

At a glance

Current version
Security Rule (as corrected June 2013)
Published 7 June 2013. source
Status
In force
Next deadline
None announced
Who must comply
Covered entities (health plans, health care clearinghouses and covered health care providers) and their business associates, for the electronic protected health information (ePHI) of a covered entity. source
Authority
The US Department of Health and Human Services (HHS) writes the Security Rule (45 CFR part 164, subpart C). Its Office for Civil Rights investigates compliance, and the Secretary may impose civil money penalties under 45 CFR part 160, subpart D. source source
Last change
None recorded yet

US federal law protecting the privacy and security of individually identifiable health information. The Security Rule (45 CFR 164) governs electronic PHI for covered entities and their business associates; a proposed rule to strengthen it is still pending.

Recent changes

No changes recorded yet — we are watching, and nothing has been published.

Key dates

No upcoming dates
  1. Comment period on the proposed Security Rule revision closed
  2. HHS published the proposed rule to strengthen the Security Rule (90 FR 898)
  3. Compliance date for the 2013 Omnibus HITECH amendments
  4. Small health plans must comply with the Security Rule
Show 1 earlier date
  1. Covered entities other than small health plans must comply with the Security Rule

Amendments

  1. Security Rule NPRM (January 2025) Draft

    HHS proposed a broad revision of the Security Rule to strengthen the cybersecurity of ePHI; comments closed on 7 March 2025. source

    More
    • It would remove the distinction between "required" and "addressable" implementation specifications.
    • It would require a written technology asset inventory and a network map of the systems that affect ePHI.
    • It would require written procedures to restore critical systems and data within 72 hours of a loss.
    • It would require a documented compliance audit at least once every 12 months.
    • It would add a definition of multi-factor authentication (MFA).
  2. Security Rule (as corrected June 2013) ErrataCurrent text

    Technical corrections of inadvertent errors and omissions in the Privacy, Security and Enforcement Rules, including 45 CFR 164.314. source

  3. Omnibus HITECH final rule Amendment

    Modified the Privacy, Security, Enforcement and Breach Notification Rules to implement the HITECH Act; effective 26 March 2013, compliance required by 23 September 2013. source

  4. Security Standards final rule Major version

    First Security Rule for electronic protected health information, effective 21 April 2003. source

    More
    • Covered entities had to comply by 21 April 2005; small health plans by 21 April 2006.

Who it applies to

The Security Rule covers electronic protected health information held by covered entities and their business associates.

Who
A covered entity or business associate must comply with the standards and implementation specifications of subpart C for a covered entity's ePHI. source
What it protects
The confidentiality, integrity and availability of all ePHI the entity creates, receives, maintains or transmits. source
Electronic only
The Security Rule applies only to ePHI, that is, health information transmitted by or maintained in electronic media. source
Flexibility
Entities may use any security measures that let them reasonably and appropriately implement the standards; "addressable" specifications must be assessed and either implemented, or the decision documented with an equivalent alternative where reasonable. source
Proposed changes
The January 2025 proposal is not final. The 2026 Unified Agenda lists it as a long-term action with a final action date of July 2027. source

How compliance is assessed

Entities implement and document the safeguards themselves; HHS investigates compliance.

Own measures
Each entity chooses its security measures, taking into account its size, complexity, capabilities, infrastructure, costs and the risks to ePHI. source
Investigations
HHS's Office for Civil Rights investigates Security Rule compliance by covered entities and business associates. source
Proposed audit
The 2025 proposal notes the current rule does not require internal or third-party compliance audits and would require one at least every 12 months. source

Enforcement and penalties

HHS may impose civil money penalties in four tiers that depend on the entity's culpability.

$100 to $50,000 per violation

Violations on or after 18 February 2009 where the entity did not know and, with reasonable diligence, would not have known; at most $1,500,000 for identical violations in a calendar year (statutory amounts before inflation adjustment). source

$1,000 to $50,000 per violation

Violations due to reasonable cause and not willful neglect; at most $1,500,000 for identical violations in a calendar year (before inflation adjustment). source

$10,000 to $50,000 per violation

Willful neglect corrected within 30 days of when the entity knew or should have known; at most $1,500,000 for identical violations in a calendar year (before inflation adjustment). source

At least $50,000 per violation

Willful neglect not corrected within that 30-day period; at most $1,500,000 for identical violations in a calendar year (before inflation adjustment). source

Inflation adjustment
The amounts in 45 CFR 160.404 are adjusted for inflation every year and published in 45 CFR part 102. source

Documents

  1. Law text 45 CFR part 164, subpart C – Security Standards for the Protection of Electronic Protected Health Information
  2. Law text 45 CFR 160.404 – Amount of a civil money penalty
  3. Law text HIPAA Security Rule To Strengthen the Cybersecurity of ePHI (proposed rule, 6 January 2025)
  4. Guidance Unified Agenda entry RIN 0945-AA22 (Security Rule rulemaking)
  5. Law text Omnibus HITECH final rule (25 January 2013)
Show 1 more document
  1. Law text Health Insurance Reform – Security Standards final rule (20 February 2003)

Verified against official sources on 18 October 2026. We monitor the official sources for this framework. Watching since 7 September 2026. Subscribe to HIPAA (RSS)