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The Florida Healthcare Law Firm
The Health Insurance Portability and Accountability Act (HIPAA) Breach Notification Rule is a critical component of healthcare compliance in the United States, mandating that covered entities and their business associates promptly notify affected individuals, the Department of Health and Human Services (HHS), and, in certain cases, the media, following a breach of unsecured protected health information (PHI). Understanding and adhering to this rule is essential for maintaining patient trust and avoiding substantial penalties.
Enacted as part of the HITECH Act in 2009, the HIPAA Breach Notification Rule requires covered entities—such as healthcare providers, health plans, and healthcare clearinghouses—and their business associates to provide notification following a breach of unsecured PHI. Unsecured PHI refers to information that has not been rendered unusable, unreadable, or indecipherable to unauthorized individuals through methods like encryption or destruction.
A breach is generally defined as the acquisition, access, use, or disclosure of PHI in a manner not permitted...
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