The HHS’ Office for Civil Rights (OCR) has long been seeking an increase to its budget to support its HIPAA enforcement activities; however, that is looking unlikely as the Trump Administration is seeking to cut funding for the Department of Health and Human Services (HHS) in 2027.
The Trump Administration has proposed $111.1 billion in discretionary funding for fiscal year 2027, a $15.8 billion (12.5%) cut in funding compared to FY 2026. One of the main casualties is the National Institutes of Health (NIH), which faces a $5 billion cut to its budget, plus $5 billion in cuts through consolidations and eliminations of programs across several sub agencies, including the Health Resources and Services Administration (HRSA), Substance Abuse and Mental Health Services Administration (SAMHSA), Centers for Disease Control and Prevention (CDC), and the Office of the Assistant Secretary for Health (OASH).
The Trump Administration is seeking to establish the Administration for a Healthy America (AHA), which, in part, will involve the elimination of programs that the Trump Administration says promote “radicalized DEI ideologies”, including programs that provide funding for youth LGBTQ services. The AHA was proposed last year, although Congress did not include funding to establish the new department in the budget.
While OCR does not appear to be facing any budget cuts, any increase to its budget to support its enforcement of HIPAA and the Part 2 regulations looks increasingly unlikely. OCR is already having to find funds from its existing budget to pay for an expanded workload, as OCR has been given the responsibility of enforcing the Part 2 regulations.
In a press call following the announcement of the Part 2 enforcement program, the OCR Director said the agency has sufficient resources to manage the additional Part 2 enforcement workload in fiscal year 2026, based on the expected volume of complaints and data breaches.
Since OCR started enforcing compliance with the Part 2 regulations in February and updated its data breach portal, there has been a major slowing of the publication of breach summaries on its “HIPAA Wall of Shame,” which had no breach reports added to the “under investigation” section after February 26, 2026, during the whole of March. Whether this is due to a lack of resources or a change in policy is unclear. OCR does appear to be working on closing investigations faster, as data breaches have been added to the archive section at an increased pace.
While the Trump Administration has proposed its budget with extensive funding cuts, it will be down to Congress to pass that budget, and there is likely to be some resistance to the proposed budgetary cuts at HHS, as was the case with the proposed budget for FY 2026. The Trump Administration sought to cut HHS funding last year; however, Congress actually increased the budget for the HHS in 2026.
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