The regulatory healthcare industry is changing fast, and HIPAA enforcement is becoming more aggressive than ever. The HHS Office for Civil Rights (OCR) has made it clear that compliance failures, especially in email security, will no longer be tolerated. With HIPAA updates and new proposed regulations like HISAA (Health Information Security and Accountability Act) on the horizon, organizations must act now to strengthen email security and compliance or face significant fines.
Key regulatory developments
Solara Medical Supplies paid a $9.76 million settlement after a phishing breach exposed 114,000 patient records.
IT leaders think HIPAA fines typically start at $250,000, but settlements often exceed $1 million depending on the severity of the breach.
OCR is increasing audits on email security practices that have led to breaches across various platforms.
Proposed changes to the HIPAA Security Rule could mandate annual compliance audits, stronger data protection standards, and enhanced authentication protocols.
The latest HIPAA updates and what’s coming in 2025
HIPAA compliance is shifting toward greater cybersecurity accountability, and recent regulatory changes highlight the OCR’s focus on stronger enforcement and data protection. Some of the key updates from 2024 include:
Alignment with substance use disorder patient record regulations – The February 2024 final rule now aligns HIPAA breach notification and patient disclosure policies with federal substance use disorder regulations.
Advancing interoperability and patient access – New CMS rules require health plans to improve data-sharing capabilities and ensure PHI access via secure APIs.
Looking ahead to 2025, additional regulatory changes are expected, including:
Proposed HIPAA Security Rule updates – These changes focus on cybersecurity risk assessments, strengthened incident response protocols, and enhanced authentication measures.
Regulatory bodies are taking a zero-tolerance approach to organizations that fail to protect patient data. The financial and reputational impact of non-compliance is escalating:
Fines are increasing, with some organizations paying settlements over $9 million.
OCR is conducting more random audits, particularly targeting email security misconfigurations.
HISAA could introduce mandatory cybersecurity audits, requiring organizations to undergo independent security assessments every year.
How healthcare organizations can avoid penalties
To reduce the risk of regulatory action, healthcare organizations must adopt a proactive security posture:
Enforce email authentication protocols – Implement and monitor DMARC, SPF, and DKIM settings to block phishing attempts.
Conduct regular security audits – Identify misconfigurations and vulnerabilities before OCR does.
Implement mandatory employee training – Human error is a major cause of breaches. Ensure all staff can recognize phishing threats.
Use advanced email security solutions – Paubox ExecProtect+ inbound security feature stops display name spoofing, prevents phishing attacks before they reach inboxes, and ensures seamless encryption for all PHI-containing emails protect against phishing and malware, prevent unauthorized access, and ensure that all emails containing PHI are secure.
Prepare for potential HISAA requirements – If passed, HISAA will require annual cybersecurity audits, independent assessments, and increased enforcement actions.
Regulators are no longer accepting compliance failures when it comes to email security. Healthcare organizations must move beyond check-the-box compliance and actively secure their systems. The penalties are steep, and the risks to patient privacy are even greater.
