Lexology March 6, 2025
In this final blog post in the Bradley series on the HIPAA Security Rule notice of proposed rulemaking (NPRM), we examine how the U.S. Department of Health and Human Services (HHS) Office for Civil Rights interprets the application of the HIPAA Security Rule to artificial intelligence (AI) and other emerging technologies. While the HIPAA Security Rule has traditionally been technology agnostic, HHS explicitly addresses security measures for these evolving technology advances. The NPRM provides guidance to incorporate AI considerations into compliance strategies and risk assessments.
AI Risk Assessments
In the NPRM, HHS would require a comprehensive, up-to-date inventory of all technology assets that identifies AI technologies interacting with ePHI. HHS clarifies that the Security Rule governs ePHI used in both...