Compliance

This post is part of our The Top 2025 Privacy and Security Issues Still Shaping Healthcare series, in which our team of attorneys provides essential strategies and insights for healthcare privacy and security.

The healthcare sector continues to grapple with an unrelenting wave of cyberattacks, with a notable shift in 2024 and 2025 toward targeting third-party vendors and business associates entrusted with sensitive protected health information (“PHI”). This trend has led to a surge in data breaches, affecting tens of millions of Americans and prompted heightened regulatory scrutiny over how healthcare providers manage and oversee their vendor relationships. 

This post is part of our The Top 2025 Privacy and Security Issues Still Shaping Healthcare series, in which our team of attorneys provides essential strategies and insights for healthcare privacy and security.

Innovations in artificial intelligence (AI), including advances in generative AI (GenAI) and machine learning, provide new opportunities for healthcare providers, promising improved efficiency in areas such as medical record keeping and billing, as well as advances in clinical decision-making, diagnosis, and treatment. 

This is the first in a series of articles designed to provide SXSW and LSI USA ’26 attendees and other MedTech professionals with practical considerations for efficiently executing mission-critical life science deals.

A new law, the Consolidated Appropriations Act, went into effect on February 3, 2026, issuing new Medicare reimbursement guidelines for off-campus provider-based hospital outpatient departments (HOPDs). As of January 1, 2028, hospitals will be required to make certain operational changes to maintain OPPS reimbursement eligibility for their off-campus provider-based locations. These include such measures as

This post is part of our The Top 2025 Privacy and Security Issues Still Shaping Healthcare series, in which our team of attorneys provides essential strategies and insights for healthcare privacy and security.

The Health Insurance Portability and Accountability Act (HIPAA) has long been the cornerstone of patient privacy and data protection. Among its most patient-centric provisions is the Right of Access rule, which guarantees individuals timely access to their medical records. This right is not just a regulatory requirement—it’s a fundamental principle of patient empowerment, enabling individuals to make informed decisions about their health.

This post is part of our The Top 2025 Privacy and Security Issues Still Shaping Healthcare series, in which our team of attorneys provides essential strategies and insights for healthcare privacy and security.

In 2025, eight new U.S. state privacy laws took effect and several states tightened existing regulations, significantly impacting healthcare organizations. Major changes

This post is part of our The Top 2025 Privacy and Security Issues Still Shaping Healthcare series, in which our team of attorneys provides essential strategies and insights for healthcare privacy and security.

Reproductive health privacy rule vacated.

On June 18, 2025, the U.S. District Court for the Northern District of Texas vacated the HIPAA Privacy Rule to Support Reproductive Health Care Privacy Final Rule (Privacy Rule). As a result, the additional privacy protections that had been granted to reproductive healthcare information through President Biden’s Executive Order 14076, (“Protecting Access to Reproductive Health Care Services”), are no longer enforceable or required.

The Colorado General Assembly is back in session and has introduced legislation (SB26-041) that, if enacted, would create new notification requirements and antitrust review processes for healthcare transactions. While Colorado already requires state-level notification of transactions that trigger federal notifications under the Hart-Scott-Rodino Act and notification of certain hospital transactions under the Hospital Transfer Act (“HTA”) of 2023, the proposed bill would create new notification requirements for a broader set of healthcare transactions, and would authorize the Colorado attorney general (“COAG”) to block or delay closing of transactions. The proposed bill also expands the scope of hospital transactions that must be reported under the HTA.

The 2025 Top Ten list reflects a regulatory environment in significant transition. Last year’s healthcare privacy and security landscape presented extraordinary challenges for compliance professionals, marked by sweeping regulatory changes on the federal and state level, intensified enforcement activity, and a growing and evolving environment that demanded constant vigilance. The volatile landscape demanded adaptability, careful attention to the regulatory details, and comprehensive compliance programs. The Top Ten list offers a capsulized version of the year’s highlights—and what it all means for healthcare privacy and security professionals moving forward.

In my November 2025 blog post, I discussed the uncertainty surrounding the DEA’s then-pending telemedicine rule and its implications for ketamine clinics. At that time, the future of pandemic-era telehealth prescribing flexibilities was unclear, and clinics across the country were bracing for the possibility of a significant regulatory shift at the end of 2025.