Notifying Individuals Following a HIPAA Breach

Take advantage of this template from LexisNexis Practical Guidance – Healthcare to notify patients or plan participants of the possible improper disclosure of their protected health information (PHI). Stay compliant with the Health Insurance Portability and Accountability Act (HIPAA) Breach Notification Rule, which requires covered entities to notify affected individuals within 60 days following discovery of a suspected breach of their PHI.

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Related Content

• Determining HIPAA-Reportable PHI Breaches Visual Checklist
  Need a primer on whether a security incident at your healthcare organization constitutes a data breach reportable under HIPAA? Review this clear and concise visual checklist to determine what, if any, notice must be provided following a potential PHI breach. Ask your client key questions, including whether the PHI was secured, who committed the alleged breach, and who viewed the information.
• HIPAA Enforcement and Penalties
  Understand the ramifications of HIPAA noncompliance via this comprehensive practice note. Get up to speed on how the Office for Civil Rights (OCR) investigates potential HIPAA violations, the types of civil and criminal penalties imposed for violations, and best practices for avoiding penalties. This practice note also provides guidance on enforcement at the state level by state attorneys general.
• HIPAA Safe Harbor: Recognized Security Practices Video
  Watch this video from BakerHostetler partner Sara Goldstein for a discussion of a 2021 amendment to the HITECH Act, which requires that OCR consider whether an entity had recognized security practices in place a year prior to any data breach or security incident as part of any determination regarding fines, audit results, or other remedies.

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