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
- 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
- How it is assessed
- Entities implement and document the safeguards themselves; HHS investigates compliance. 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
- Enforced by
- HHS may impose civil money penalties in four tiers that depend on the entity's culpability. 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 datesAmendments
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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).
-
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
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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
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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
- Law text 45 CFR part 164, subpart C – Security Standards for the Protection of Electronic Protected Health Information
- Law text 45 CFR 160.404 – Amount of a civil money penalty
- Law text HIPAA Security Rule To Strengthen the Cybersecurity of ePHI (proposed rule, 6 January 2025)
- Guidance Unified Agenda entry RIN 0945-AA22 (Security Rule rulemaking)
- Law text Omnibus HITECH final rule (25 January 2013)
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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)