The Future of HIPAA Compliance: Why "Good Enough" No Longer Is

The Compliance Landscape Has Changed Forever

In recent months, the Office for Civil Rights (OCR) has launched its most aggressive enforcement campaign in years. Backed by pressure from the Office of Inspector General (OIG), the OCR is now zeroing in on small and midsize providers who historically flew under the radar.

If you thought HIPAA enforcement was just for hospitals and massive health systems, 2025 is here to prove otherwise.

With the rollout of its third phase of HIPAA compliance audits and the expansion of its "Risk Analysis Initiative," the OCR is making one thing clear:

If you can't prove you're protecting patient data, you’re already in violation.

AI Is Coming for Compliance

OCR is actively modernizing its enforcement tactics, including the implementation of automated systems and artificial intelligence to:

• Scan and assess public documentation and metadata

• Cross-reference past audit results with policy evidence

• Flag providers with inconsistent or outdated compliance efforts

That means compliance readiness is no longer just about policies sitting in a binder. It's about proving ongoing effort and progress.

Why Most ABA Providers Are at Tier 4 Risk By Default

Many ABA therapy businesses are doing their best—but doing your best doesn't satisfy HIPAA if you lack:

• A formal, updated HIPAA Risk Assessment

• A current POAM (Plan of Action and Milestones)

• Enforced email encryption and disclaimers

• Cloud backup with infinite retention

• Emergency email continuity

• Documented HIPAA policies and breach response plans

If you can't demonstrate these measures, you're likely to land in Tier 4 of the OCR's penalty system:

Tier 4 = You knew, you ignored it, and you didn’t fix it.

Penalties here can reach $50,000 per violation, up to $1.5M annually.

The New Definition of Compliance: Progress Over Perfection

In this new era, HIPAA compliance isn't about being perfect—it's about showing you're actively closing your gaps.

That means:

• Performing annual or semiannual SRAs

• Documenting every policy update or system improvement

• Training staff and logging those sessions

• Implementing encryption, backups, and identity protection

OCR doesn’t expect you to be flawless. But they do expect to see motion.

If you can show you're consistently working toward Tier 1 or Tier 2 status, you're far less likely to be hit with catastrophic penalties.

What You Can Do Now

Here are 5 immediate steps every ABA practice should take:

1. Get a Current SRA: Your last one doesn’t count if it’s outdated or wasn’t done by a qualified third party.

2. Create or Update Your POAM: This is your official roadmap for fixing gaps.

3. Enforce Email Encryption + Disclaimers: If your email isn't secured, your ePHI isn't either.

4. Back Up Your Data (Correctly): Cloud backups should have infinite retention and be tested regularly.

5. Track Your Progress: Whether it's policy changes, staff training, or tech upgrades—document everything.

Final Thought: This Isn’t Optional Anymore

OCR has made it clear: the days of reactive compliance are over. Automated audits, AI review systems, and tighter enforcement mean that small practices can't afford to ignore their HIPAA responsibilities.

The good news? You don’t need to do everything at once. But you do need to be moving—consistently, visibly, and strategically.

The future of HIPAA compliance isn’t about being perfect. It’s about proving you care enough to make progress.