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Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification
Lexology January 29, 2024
For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI) likely triggers obligations to notify affected individuals, the federal Office of Civil Rights (OCR), potentially the media and other entities. The breach also may require notification to one or more state Attorneys General, an obligation that depends on state law. Currently, the state data breach notification law in Michigan does not provide for Attorney General notification, something Michigan Attorney General Dana Nessel wants to change, according to reporting earlier this month from the HIPAA Journal.
Spurring the Michigan AG are concerns about the timing of notification to patients about recent...
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