HIPAA isn’t static. With advances in technology, rising patient privacy concerns, and increasing cybersecurity threats, federal regulations are shifting again, with significant updates coming in 2025 and 2026. These changes will impact how providers handle patient data, especially around reproductive health, cybersecurity standards, and patient communication. Here’s what you need to know to prepare your organization now.
Tighter Restrictions on Sharing Sensitive Patient Data
The Department of Health and Human Services (HHS) finalized updates to the HIPAA Privacy Rule in April 2024* to address rising concerns about the misuse of sensitive health data, particularly surrounding reproductive healthcare and substance use treatment. Under the new rule:
- Personal health information (PHI) cannot be used or disclosed to investigate or penalize individuals for obtaining or providing lawful reproductive health services.
- Covered entities must now obtain a signed attestation confirming that any request for PHI is not being made for prohibited purposes (such as criminal investigations related to reproductive health) HHS, 2024 Final Rule on HIPAA Privacy.
The rule is already being challenged in court by several state attorneys general. But unless a court blocks enforcement, providers are expected to comply.
A key compliance deadline is February 16, 2026, when all Notices of Privacy Practices (NPPs) must be revised. These new NPPs must clearly explain patients’ rights and how their information is protected in sensitive contexts.
The Security Rule is Getting a Major Overhaul
The most sweeping changes ahead are to the HIPAA Security Rule*, which hasn’t seen significant updates since it was first introduced in 2003. HHS has signaled plans to release a proposed rule that modernizes the framework for securing electronic protected health information (ePHI).
Based on public comments and anticipated language, expect new requirements that include:
- Mandatory multi-factor authentication (MFA) for system access—not just for remote access.
- Encryption of ePHI both at rest and in transit (moving from “addressable” to required).
- Comprehensive asset inventories to track all systems, software, and devices with access to ePHI.
- Routine, documented risk analyses and penetration testing to proactively identify vulnerabilities.
- 24-hour breach reporting obligations for business associates, tightening third-party risk management HHS OCR, RFI on HIPAA Security Rule, 2022 .
If finalized in 2025, these rules could take effect in late 2026 or early 2027.
What You Should Be Doing Now
This is more than a compliance issue. It’s an operational one. Getting ahead of these changes means avoiding last-minute disruptions. Here’s how to prepare:
- Update privacy policies to align with the new restrictions on sharing PHI related to reproductive and behavioral health.
- Start drafting your updated NPPs now, so they’re ready ahead of the February 2026 deadline.
- Perform a cybersecurity-focused risk assessment, ideally with outside experts, to identify where your current protections fall short.
- Implement MFA and data encryption across all systems handling ePHI.
- Train all clinical and non-clinical staff on the new privacy protections and breach protocols.
- Audit vendor and business associate agreements, ensuring they’re ready to meet tighter incident reporting and security expectations.
Why It Matters
These changes reflect a broader shift in healthcare toward patient data autonomy and digital security accountability. The updates are designed not just to patch holes in old regulations but to modernize how we think about privacy, consent, and risk.
For providers, this isn’t just about ticking regulatory boxes. It’s about building trust—with patients, with partners, and with regulators. By preparing now, you protect more than just data. You protect your practice, your reputation, and your patients’ rights.
Frequently Asked Questions
What are the 2026 HIPAA changes?
The 2026 changes include stricter privacy protections for reproductive and behavioral health data, new attestation requirements for PHI disclosures, mandatory MFA, encryption standards for ePHI, and faster breach reporting from business associates.
When do the HIPAA updates go into effect?
Key updates take effect on February 16, 2026, including the requirement to update Notices of Privacy Practices. Security Rule changes may follow in late 2026 or early 2027, depending on final rule publication.
Do we need to encrypt all ePHI under the new rules?
Yes. The proposed changes are expected to make encryption a required safeguard—both at rest and in transit—for any system handling ePHI.
How fast do vendors need to report security incidents?
Under the expected revisions, business associates must report security incidents within 24 hours of discovery. This change aims to tighten breach response across the healthcare data supply chain.
What if my organization isn’t ready by 2026?
Delayed compliance could expose your organization to OCR enforcement, financial penalties, and reputational harm. Begin assessments and updates now to stay ahead of the transition.
*Links may not be active due to current lack of appropriations
Sources:
- U.S. Department of Health and Human Services. (2024). HIPAA Privacy Rule to Support Reproductive Health Care Privacy.
- HHS Office for Civil Rights. (2022). Request for Information: Modifications to the HIPAA Rules. Federal Register
Other Resources