Pulse June 3, 2024
When the likely inevitable data breach occurs, who is responsible for sending the notice? Does the answer change when a breach is bigger? Does the answer change because a business associate is involved? Understanding ahead of time is informative, especially since the issue has been thrown into the spotlight by the big breach at Change Healthcare.
What Does HIPAA Say?
The starting point is the Breach Notification Rule. The Breach Notification Rule sets the specific requirements for sending out notices about a data breach. The requirement is clear in the rule. The covered entity is responsible for sending the notification as written in the rule.
“A covered entity shall, folllwing the discovery of a breach of unsecured protected health...
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