The HIPAA Privacy Rule establishes standards for how protected health information (PHI) is used and disclosed. The updates for 2026 include expanded patient access to electronic health information, updated notice of privacy practices requirements, and stronger protections for sensitive health information.
The Centers for Medicare & Medicaid Services (CMS) reports that in the second quarter of 2024, there were 11 open HIPAA complaints. This may not seem like much, but just one violation can be distressing.
This is why it's important to know the 2026 updates to the HIPAA Privacy Rule, which update patient rights.
What Are the Three Major Purposes of HIPAA?
The first purpose of the HIPAA law is to protect the privacy and security of patients' health information. This is achieved by establishing rules governing how healthcare organizations collect, use, store, and disclose protected health information.
The second purpose is to improve the efficiency and standardization of healthcare administration. This is done through national standards for electronic healthcare transactions, coding systems, and data exchange.
The third purpose is to ensure continuity of health insurance coverage and portability, particularly for people changing jobs or experiencing employment transitions.
HIPAA privacy laws are here to address broader healthcare administration and insurance concerns. The privacy and security provisions are also highly recognized aspects of HIPAA today.
What Are the Requirements of the HIPAA Privacy Rule?
The HIPAA Privacy Rule establishes national standards governing how protected health information (PHI) may be used and disclosed. There must be policies and procedures that limit access to PHI to ensure that this information is only used for permitted purposes, such as:
- Treatment
- Payment
- Healthcare operations
- Situations specifically authorized by the patient or required by law
It also grants patients important rights regarding their health information. This includes the ability to:
- Access and obtain copies of medical records
- Request corrections to inaccurate information
- Receive an accounting of certain disclosures
- Request communication through alternative methods
- Obtain a Notice of Privacy Practices explaining how their information is used
Now that you know what this rule is, here are the 2026 updates about patient rights you should know.
Expanded Patient Access to Electronic Health Information
One of the most significant HIPAA-related developments affecting patient rights is the continued emphasis on faster, easier access to electronic health records. Federal regulators have increased enforcement efforts against healthcare organizations that delay, restrict, or improperly deny patient record requests. Patients can expect greater transparency regarding how their information is stored and shared, such as with a medical billing company.
The broader push toward interoperability also supports patients' ability to transfer records between healthcare providers more efficiently. These efforts strengthen patient control over personal medical data, and this encourages more active participation in healthcare decisions.
Updated Notice of Privacy Practices Requirements
Many HIPAA-covered entities must update their Notice of Privacy Practices (NPP). This gives patients more detailed information about how their health information may be used, disclosed, and protected. This is intended to improve transparency and help patients better understand their privacy rights.
The updates include clearer explanations of information-sharing practices and additional disclosures related to certain protected health records. This includes substance use disorder treatment information.
The following must ensure patients can easily access these updated notices both in person and online:
- Healthcare providers
- Hospitals
- Health plans
The revisions aim to make privacy communications more understandable and informative so that patients can get a clearer picture of their rights and how organizations handle sensitive health information.
Stronger Protections for Sensitive Health Information
Recent changes have focused on strengthening protections for particularly sensitive categories of health information. Portions of the reproductive health privacy rule remain subject to ongoing legal challenges, but the broader regulatory trend emphasizes limiting inappropriate disclosures of highly sensitive patient data. These efforts are intended to reinforce patient confidence that confidential healthcare discussions and treatment records will not be improperly shared for non-healthcare purposes.
These updates also reflect growing concerns about privacy risks in a digital healthcare environment. Large amounts of sensitive information are stored electronically and exchanged across multiple systems, so a stronger commitment to confidentiality is a must.
Frequently Asked Questions (FAQs)
What Is a HIPAA Violation?
A HIPAA violation happens when a healthcare provider, health plan, healthcare clearinghouse, or business associate doesn't comply with the requirements of HIPAA. Most violations involve the improper use, disclosure, or protection of protected health information (PHI), which includes:
- Medical records
- Treatment information
- Billing data
- Other identifiable health information
Examples of HIPAA violations include:
- Accessing patient records without a legitimate business reason
- Sharing medical information with unauthorized individuals
- Losing unencrypted devices containing patient data
- Failing to conduct required security risk assessments
- Neglecting to provide patients with access to their records when requested
Is HIPAA GDPR Compliant?
HIPAA and the General Data Protection Regulation (GDPR) share similar goals of protecting personal information. HIPAA compliance doesn't automatically mean GDPR compliance, though.
HIPAA is a US law focused specifically on protecting healthcare information. GDPR is a broader European Union regulation that governs the processing of personal data across all industries.
Organizations that handle health information for EU residents may need to comply with both regulations. Healthcare organizations operating internationally often need additional policies, procedures, and legal safeguards beyond HIPAA requirements to meet GDPR standards.
What Are the New HIPAA Rules for 2026?
The HIPAA updates for 2026 are not out yet, but chances are that there will be updates designed to strengthen cybersecurity protections for electronic protected health information (ePHI). Proposed changes include:
- Stricter risk assessments
- Expanded documentation requirements
- Stronger vendor oversight
- Mandatory multi-factor authentication
- Encryption requirements
- Network segmentation
- Regular vulnerability scanning
- Annual penetration testing
Healthcare organizations should monitor guidance from the US Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR) for official compliance deadlines and requirements.
The Updated HIPAA Privacy Rule Improves Patient Rights
The HIPAA Privacy Rule is there to protect our data and sensitive information, so it's an important piece of law. The updates for this year are set to safeguard our privacy even more, so people have lots to look forward to, especially regarding online security.
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This article was prepared by an independent contributor and helps us continue to deliver quality news and information.