HIPAA Data Breach Notifications

What are your requirements in the event of a data breach?

Did you know that if you had a data breach in 2018 that involved less than 500 individuals, you are required to file a report with the federal government prior to March 1, 2019?  

If you had a data breach that impacted over 500 individuals, then a report must be provided to the government at the same time as notification of the impacted people.

It's important to understand these complex regulations because failure to comply can result in a substantial monetary fine.  Moreover, it's important that such reporting (Form available here) is done very carefully to ensure that you accurately report the incident so that your exposure to regulations is minimized.  For that, it's probably best practice to consult with an attorney who is knowledgeable in such reporting.  

The following link is a short article by McDonald Hopkins, a legal firm which is knowledgeable in medical-legal issues, including data breaches.  (Disclosure: This is not a testimonial or endorsement for that firm.  There are many other legal firms which are also competent to perform such services.  You should investigate which firm is best for your individual needs prior to engaging them for services.)

Bottom Line:  While data breaches are a significant source of risk and liability for physicians and their practices, it can be an even greater problem if the requirements for proper handling and reporting of those breaches are ignored, intentionally or unintentionally.  It's your responsibility to ensure compliance with all laws and regulations concerning HIPAA related data breaches.  

Link to McDonald-Hopkins Article

WhiteCoat Risk Management provides these articles to help improve general risk awareness in all aspects of your life.  It is not responsible for any actions you take or fail to take regarding any aspect of your financial planning or risk management.  This article is provided for information purposes and is not intended to provide individualized advice. You alone are responsible for your financial and risk management decisions.  

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