HIPAA Q&A: Breach notification
HIPAA Weekly Advisor, April 5, 2010
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Q. Is a business associate (BA) that discovers a breach responsible for notifying the individual(s) affected, media outlets, or HHS? Is notifying the covered entity (CE) the BA’s only responsibility?
A. The CE has sole responsibility for notifying individuals when required. They must notify HHS immediately if a breach involves 500 or more individuals and/or at the end of the calendar year with respect to all breaches, regardless of whether the CE or the BA caused the breach.
Review the final breach notification interim final rule. Visit www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/breachnotificationifr.html.
Editor’s note: Chris Apgar, CISSP, answered this question. This is not legal advice. Consult your attorney regarding legal matters. Apgar is president of Apgar & Associates, LLC, in Portland, OR. He has more than 17 years of experience in IT and specializes in security compliance, assessments, training, and strategic planning.
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