Senators file another data protection bill
HIPAA Weekly Advisor, August 16, 2010
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U.S. Senators Mark Pryor (D-AK) and Jay Rockefeller (D-WV) filed August 5 the “Data Security and Breach Notification Act of 2010’’ that would require entities holding sensitive private information to have a robust compliance plan to protect the data and enforce strict breach notification requirements.
According to the text of the bill, an entity that already complies with a similar law (such as HITECH) will not have to adhere to the provisions in the bill.
No matter to whom the bill applies, healthcare entities should watch the bill’s progress in light of new privacy and security laws in HITECH that call for greater patient rights to protected health information (PHI) and greater penalties for breaches of unsecured PHI.
The Federal Trade Commission would regulate the law and provide guidance.
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