HIPAA Breach: Who You Gonna Call?

Everyone knows that you call a plumber for a leaking pipe, a mason for a cracked stonewall, and an electrician to fix faulty wiring. However, when faced with an actual or suspected HIPAA data breach, many folks struggle with determining whom to call. Failure to have contacts lined up ahead of time may pose more than an inconvenience–any delay in bringing in experienced advisors to assist with breach investigation, response and mitigation may result in significant financial and legal consequences. HIPAA covered entities and business associates should have a written breach response policy and protocol. The policy and protocol should provide clear guidance to the covered entity’s or business associate’s…

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HITECH Act Breached Individuals Skyrocket in Latest OCR Web Site Posting

Under the Health Information Technology for Economic and Clinical Health Act (HITECH Act), enacted as part of the American Recovery and Reinvestment Act of 2009, covered entities are required to report to the Secretary of the U.S. Department of Health and Human Services (HHS) any privacy or security breach affecting 500 or more individuals within 60 days of discovery of the breach by the covered entity or its business associate.  The HHS Office for Civil Rights (OCR), which is responsible for privacy and security enforcement under the Health Insurance Portability and Accountability Act (HIPAA) and HITECH Act provisions that strengthened privacy and security enforcement, is required to post those breaches…

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