Final Rule: Modified Definition of Breach

January 28, 2013.  Today, we want to explore the modified definition of breach in the Final HIPAA/HITECH Act Privacy, Security, Breach Notification, and Enforcement Rule published in the Federal Register on Friday, January 25, 2013. Here is the modified definition [45 CFR 164.402, Definitions, effective March 26, 2013; 78 Federal Register 5695]: Breach means the acquisition, access, use, or disclosure of protected health information in a manner not permitted under subpart E [HIPAA Privacy Rule] of this part [Part 164] which compromises the security or privacy of the protected health information. (1) Breach excludes: (i) Any unintentional acquisition, access, or use of protected health information by a workforce member or…

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HHS Pulls Breach Notification Final Rule

The HIPAA Administrative Simplification; Notification in the Case of Breach Final Rule (Regulation Identifier Number (RIN) 0991-AB56) has been at the Office of Management and Budget (OMB) since May 14, 2010, for Executive Order (EO) 12866 review and approval prior to publication in the Federal Register. On July 28, 2010, HHS “withdrew” this Final Rule, with the following explanation: “The Interim Final Rule for Breach Notification for Unsecured Protected Health Information, issued pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act, was published in the Federal Register on August 24, 2009, and became effective on September 23, 2009. During the 60-day public comment period on the…

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OCR Identifies 36 Entities with Breaches Affecting 500 or More Individuals

On Monday, February 22, 2010, the federal government, through the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS), began enforcing the Breach Notification Rule for breaches occurring on or after that date.  The Breach Notification for Unsecured Protected Health Information; Interim Final Rule, was published in the Federal Register on Monday, August 24, 2009 [74 FR 42739-42770] and was effective September 23, 2009.  Since September 22, 2009, 36 breaches of privacy or security of protected health information (PHI) affecting 500 or more individuals have been reported to OCR.  The total number of individuals affected was 1,073,657, with two of the breaches involving 359,000 (FL)…

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