When must a breach affecting less than 500 individuals be provided to the Secretary of HHS?
Breaches Affecting Fewer than 500 Individuals If a breach of unsecured protected health information affects fewer than 500 individuals, a covered entity must notify the Secretary of the breach within 60 days of the end of the calendar year in which the breach was discovered.
What qualifies as protected health information?
Protected health information (PHI), also referred to as personal health information, is the demographic information, medical histories, test and laboratory results, mental health conditions, insurance information and other data that a healthcare professional collects to identify an individual and determine appropriate …
What is the name of the legislation that mandates the Secretary must post a list of breaches of unsecured protected health information affecting 500 or more individuals?
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.
What is the Hitech breach notification rule?
HHS issued regulations requiring health care providers, health plans, and other entities covered by the Health Insurance Portability and Accountability Act (HIPAA) to notify individuals when their health information is breached.
What is unsecured protected health information?
Unsecured protected health information means protected health information that is not rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2) of Public Law 111-5.
Is required by law defined in HIPAA?
For purposes of this regulation, “required by law” means a mandate contained in law that compels a covered entity to make a use or disclosure of protected health information and that is enforceable in a court of law.
What kind of personally identifiable information is protected by Hipaa?
The Privacy Rule protects all “individually identifiable health information” held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information “protected health information (PHI).”
What is the length of time that usc hospitals have to notify a patient of a breach?
breach must be logged or otherwise documented and notification must be made to HHS not later than 60 days after the end ofthe calendar year.
Which of the following is an exception to the definition of a breach?
Not every impermissible disclosure of #PHI is a #HIPAA #breach. There are 3 exceptions: 1) unintentional acquisition, access, or use of PHI in good faith, 2) inadvertent disclosure to an authorized person at the same organization, 3) the receiver is unable to retain the PHI. @ HIPAAtrek.
What are the exceptions to the HIPAA Privacy Rule?
The HIPAA Privacy Rule contains an exception for law enforcement purposes (45 CFR § 164.512(f)), which permits a covered entity to disclose PHI to law enforcement officials without patient authorization under the following circumstances: Court orders, court-ordered warrants, subpoenas, and administrative requests.