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HIPAA guide

HIPAA risk analysis vs risk assessment: what's the difference, and which one OCR wants

The words get used interchangeably, including by HHS's own free tool. The document OCR asks for has a specific name, a specific scope and nine specific parts. Get those right and the vocabulary stops mattering.

What the rule actually calls it

The Security Rule has one requirement with this job, and it uses the words "risk analysis": conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity and availability of electronic protected health information held by the entity. That's 164.308(a)(1)(ii)(A), and it's a required specification, not an addressable one.

Then HHS went and named its free tool the Security Risk Assessment Tool, and the two words have been tangled ever since. Investigators, auditors and the people who write corrective action plans say "risk analysis". Everybody else says "risk assessment". OCR will not penalize you for the vocabulary. It will penalize you for the content.

Why the distinction matters anyway

"Risk assessment" has at least four meanings in a healthcare office, and only one of them is the document OCR asks for.

Things called a risk assessment in HIPAA, and whether they satisfy 164.308(a)(1)(ii)(A)
What people meanWhat it isSatisfies the requirement?
The enterprise-wide risk analysisWritten analysis of threats and vulnerabilities to every system holding ePHI, with likelihood, impact and risk levelsYes. This is the one.
A compliance questionnaire or scoreYes/no questions about safeguards, often producing a percentageNo. Useful as a gap check, not an analysis of risk.
The breach risk assessmentThe four-factor test under 164.402 that decides whether an incident is a reportable breachNo. Different rule, different purpose.
A vendor or vulnerability assessmentA review of one business associate, or a scan of one networkNo. These are inputs, not the analysis.

A score out of 100 is a mood. A risk analysis is a document.Your engineer

The nine things a risk analysis has to contain

OCR published its expectations in 2010 and still points to them. Tick what your current document has.

What your risk analysis has

Tick what yours has. If you're not sure, the answer is usually the scope question: does it cover everything, or only the EHR?

What OCR sees when it reads yours

Investigators don't grade on a curve. They look for three failure patterns, and the published settlements show all three.

  • It doesn't exist. A California MRI practice settled for $5,000 in 2025 after OCR found it had never done one. A Maryland software vendor that serves dental practices settled for $10,000 in 2026 for the same reason, after a breach affecting roughly 15 million people.
  • It isn't enterprise-wide. The analysis covers the EHR and skips the billing system, the backups, the fax server, the laptops and the vendors. OCR's 2016 and 2017 audits rated 86 percent of covered entities' and 83 percent of business associates' risk analyses as having serious shortcomings, most often incomplete scope, missing likelihood and impact ratings, and no updates.
  • It's stale. Done once for a meaningful-use attestation years ago, never revisited after new systems, new vendors or a ransomware incident.

Since October 2024, OCR has run an enforcement initiative aimed squarely at this requirement. By June 2026 it had announced its fourteenth numbered action, and HIPAA Journal's count puts risk analysis failures behind 16 of the 21 financial penalties announced in 2025.

Risk analysis, then risk management

The analysis is half of the pair. The next specification, 164.308(a)(1)(ii)(B), requires you to implement measures that reduce the risks you found to a reasonable and appropriate level. In an investigation, a risk analysis with no risk management plan behind it reads as a list of problems you knew about and ignored. Keep the two documents together, with owners and dates on the fixes.

How often, really

The rule's text sets no interval. The documentation standard requires you to review and update as needed in response to environmental or operational changes, and OCR's guidance describes the process as ongoing. In practice: a full review every year, and an update whenever you add a system, change a vendor, move offices, or have an incident. The proposed Security Rule update would turn the annual review into a requirement.

With AccuSights: we write the risk analysis with you, asset by asset, in the structure OCR's guidance describes, and the fix list becomes your risk management plan inside the platform. When something changes, the analysis updates instead of expiring.

Quick questions

What is the difference between a HIPAA risk analysis and a risk assessment?
In the rule, the requirement is called a risk analysis. In practice, 'risk assessment' is used for the same document and for smaller things: a security questionnaire, a vendor review, the breach risk assessment. Whatever you call it, OCR expects a written, enterprise-wide analysis of threats and vulnerabilities to every system holding ePHI, with likelihood, impact and risk levels.
Is a HIPAA risk analysis required annually?
The rule sets no interval. It requires the analysis and ongoing review as your environment changes. OCR's guidance says the process should be ongoing, annual review is the industry norm, and the proposed Security Rule update would require review at least every 12 months.
What does OCR look for in a risk analysis?
Scope that covers all ePHI, not only the EHR; an inventory of where it lives; threats and vulnerabilities for each asset; your current controls; likelihood and impact ratings; a risk level for each; documentation; and evidence it's been reviewed. OCR's 2010 guidance lists these nine elements.
Does the HHS SRA Tool satisfy the risk analysis requirement?
It can help, and HHS built it for small and medium providers, but HHS says using it neither is required nor guarantees compliance. An SRA Tool export that was never updated or acted on is still a stale risk analysis, which OCR has treated as no risk analysis. The content and the follow-through matter, not the tool.
What is the OCR Risk Analysis Initiative?
An enforcement focus OCR launched in October 2024 on entities that never did a risk analysis or did one that wasn't thorough. By June 2026 it had produced fourteen numbered settlements and penalties, and later 2026 actions kept citing the same failure.

Sources

Rules, figures and enforcement examples on this page were checked against these in October 2026. Regulations and prices change, so confirm before you rely on them.

  1. 45 CFR 164.308 (eCFR)
  2. OCR: Guidance on Risk Analysis Requirements under the HIPAA Security Rule
  3. HHS press release: Spencer Gifts health plan settlement, 14th Risk Analysis Initiative action
  4. HHS press release: MMG Fusion settlement
  5. ONC/OCR: Security Risk Assessment Tool
  6. HHS: HIPAA Security Rule NPRM fact sheet
  7. OCR 2016-2017 HIPAA Audits Industry Report
  8. HIPAA Journal: State of HIPAA enforcement

Written by the AccuSights compliance team and updated October 2026. Figures are quoted from the sources named here and were current when checked. This page is general information, not legal advice.

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