Health Information Management

HIPAA Q&A: Substitute notification

HIPAA Weekly Advisor, July 12, 2010

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Q. If a breach of PHI occurs and the business associate (BA) or covered entity does not have current contact information for 10 or more individuals, substitute notification is required. What does the interim final rule on breach notification require with respect to substitute notification?

A. Pursuant to the substitute notification requirements, covered entities must prominently post a notice including information about the breach on the home page of their Web site for no less than 90 days. The notice must include a toll-free number for patients to check whether their PHI is affected that is active for no less than 90 days. Alternatively, covered entities may provide notification about the breach, including the toll-free number, through major media outlets in the area where individuals affected by the breach likely reside.

Editor’s note: Chris Apgar, CISSP, president of Apgar & Associates, LLC, in Portland, OR, answered this question. Apgar has more than 17 years of experience in information technology and specializes in security compliance, assessments, training, and strategic planning. He is a board member of the Workgroup for Electronic Data Interchange and chair of the Oregon and Southwest Washington Healthcare, Privacy, and Security Forum.
 



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