Under the HIPAA Breach Notification Rule, HIPAA covered entities must provide notification following a breach of unsecured protected health information (PHI). What is a Breach? Breach Notification Rule. The HIPAA Breach Notification Rule requires an organization that deals with health information to disclose cybersecurity breaches. The HIPAA Breach Notification Rule, 45 CFR §§ 164.400-414, requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. Breach Notification and Exceptions; 8. HIPAA Breach Notification Rule: A Guide for NC Public Health Professionals; 2. Final rule on Breach Notification for Unsecured Protected Health Information under the HITECH Act, which replaces the breach notification rule's “harm” threshold with a more objective standard and supplants an interim final rule published on August 24, 2009. HHS Issues HIPAA Security-Breach-Notification Rules: Compliance Deadline Looming 9.1.09 Covered entities and their business associates (service providers to covered entities) only have 30 days after publication (or until September 23, 2009) to comply with these new rules. Protected Health Information (PHI) 6. HIPAA Breach Notification Rule Violations Penalties. Exceptions to the Definition of PHI; 7. 3. Failure to issue breach notification letters in less than 60 days of the discovery of a breach is a violation of the HIPAA Breach Notification Rule and can see a penalty from OCR and state attorneys general being applied. Protected Health Information (PHI) 5. (2) Breaches treated as discovered. 1. 4. Note that the key word is “unsecured“. The HIPAA Breach Notification Rule establishes requirements that must be followed in the event of a breach of Unsecured Protected Health Information (“PHI”) held by a Covered Entity (“CE”) or Business Associate (“BA”). HIPAA Breach Notification Rule. A breach is an impermissible (i.e., not authorized) use or disclosure of PHI under HIPAA covered entities and business associates must notify individuals about incidents involving a breach of protected health information (PHI). 4. This means as a covered entity, you must notify the individuals who are affected, the Secretary of Health and Human Services, and the media in certain circumstances. What is the HIPAA Breach Notification Rule Risk Assessment? Covered entities and business associates must also notify the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) about breach incidents. Method: Notification can be made: “(a) In writing; (b) Electronically, if the person customarily communicates with the consumer electronically or if the notice is consistent with the provisions regarding electronic records and signatures set forth in the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 9. (a) Standard - (1) General rule. Overview; 4. A covered entity shall, following the discovery of a breach of unsecured protected health information, notify each individual whose unsecured protected health information has been, or is reasonably believed by the covered entity to have been, accessed, acquired, used, or disclosed as a result of such breach. If you are determined to have been the victim of a breach, you need to follow the Breach Notification Requirements. Breach Notification; 10. When you think healthcare and cybersecurity, the first things that come to mind are probably HIPAA, or WannaCry.And that’s for good reason – almost half of all ransomware incidents reported last year targeted healthcare companies. Notification Methods. It’s ongoing healthcare cyber events like these that are making the HIPAA Breach Notification Rule more important than ever before. Learning Objectives; 3. If a covered entity discovers that the PHI was breached in transit to the designated third party, and the PHI was “unsecured PHI” as defined at 45 CFR 164.402, the covered entity generally is obligated to notify the individual and HHS of the breach and otherwise comply with the HIPAA Breach Notification Rule at 45 CFR 164, Subpart D.