Health Information Management

HIPAA's new harm threshold -- good news or bad?

HIPAA Weekly Advisor, August 31, 2009

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HHS’ interim final rule on breach notification includes something new and significant — a “harm threshold” provision that will help covered entities and business associates (BAs) determine whether or not to report a breach.

HHS says in the interim final rule that many commenters on the draft guidance released in April suggested HHS add a “harm threshold such that an unauthorized use or disclosure of [PHI] is considered a breach only if the use or disclosure poses some harm to the individual.”

HHS agreed.

Now, covered entities and their BAs will perform a risk assessment to determine whether individuals individual whose PHI was inappropriately dispensed into the wrong hands face a significant risk of harm.

Read more on our HIPAA Update blog.



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