OCRHIPAA Security Rule

HIPAA Security Risk Analysis Standard (45 CFR 164.308(a)(1)(ii)(A))

Required implementation specification: conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of ePHI.

Primary source

45 CFR 164.308(a)(1)(ii)(A) — eCFR

https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-C/section-164.308#p-164.308(a)(1)(ii)(A)

Verified May 23, 2026 · This is the authoritative regulator URL. The summary below is a research aid; the linked source controls.

45 CFR 164.308(a)(1)(ii)(A)(1)(ii)(A)) requires a covered entity to conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of ePHI held by the entity. This is a required specification, not addressable.

OCR's 2010 Guidance on Risk Analysis defines nine essential elements: scope (all ePHI), data collection (where ePHI is created, received, maintained, transmitted), identification of threats, identification of vulnerabilities, assessment of current security measures, likelihood of threat occurrence, impact of threat occurrence, level of risk, and documentation.

A risk analysis is not a one-time event. It must be updated when the entity adopts a new technology, experiences a significant operational change, or as part of a periodic review. The Risk Management standard at 164.308(a)(1)(ii)(B) then requires the entity to implement security measures sufficient to reduce risks to a reasonable and appropriate level.

Risk analysis findings are the single most common deficiency in OCR enforcement actions. Settlements regularly cite missing, stale, or scope-limited analyses as primary or contributing failures.

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Last reviewed May 23, 2026 · Citation verified May 23, 2026

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