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The nature and extent of the protected health information involved, including the types of identifiers and the likelihood of re-identification.A breach is defined as the acquisition, access, use, or disclosure of unsecured protected health information in a manner not permitted by HIPAA Rules.Īccording to the HHS´ guidance on the HIPAA Breach Notification Rule, an impermissible use or disclosure of unsecured protected health information is presumed to be a breach unless the covered entity or business associate demonstrates there is a low probability the protected health information has been compromised based on a risk assessment of at least the following factors: The HIPAA Breach Notification Rule – 45 CFR §§ 164.400-414 – requires covered entities to report breaches of unsecured electronic protected health information and physical copies of protected health information. Summary of the HIPAA Breach Notification Rule With this in mind, we have compiled a summary of the HIPAA breach notification requirements for covered entities and business associates. The failure to comply with HIPAA breach notification requirements can result in a significant financial penalty in additional to that impose for the data breach itself. The issuing of notifications following a breach of unencrypted PHI is an important element of HIPAA compliance. Business associates that have only just started providing a service to Covered Entities may similarly be unsure of the reporting requirements and actions that must be taken following a breach. While most HIPAA covered entities should understand the HIPAA breach notification requirements, organizations that have yet to experience a data breach may not have a good working knowledge of the requirements of the Breach Notification Rule. Additionally, the organization must develop a breach response plan that can be implemented as soon as a breach of unsecured PHI is discovered.

The HIPAA breach notification requirements are important to know if an organization creates, receives, maintains, or transmits Protected Health Information (PHI). What are the HIPAA Breach Notification Requirements?