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New HHS Regulations
[By Staff Reporters]
Effective September 23, 2009, new regulations issued by the U.S. Department of Health and Human Services (“HHS”) will require covered entities to notify affected individuals and HHS following the discovery of a breach of patient information. These regulations are more expansive than other notification laws that may already exist. Under these new regulations, covered entities must analyze every privacy and/or security incident to determine whether a notification requirement exists and then satisfy detailed notice requirements.
Breach Defined
According to Garfunkel, Wild and Travis PC, a “breach” may be defined as the unauthorized acquisition, access, use or disclosure of unsecured Protected Health Information (“PHI”) which compromises the security or privacy of the PHI. It is important to note that this definition of breach is broader than most state notification laws under which most covered entities have already been operating for a number of years. While state notification laws may only require notification when there is an unauthorized disclosure of social security numbers or other specific kinds of personal information, under these new Federal regulations, unauthorized access, acquisition, use or disclosure of any PHI, not just social security number, is a potential breach. Furthermore; unauthorized uses of PHI, not just access or disclosure, requires notification.
Assessment
For more info: http://www.gwtlaw.com
Conclusion
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Filed under: Glossary Terms, Health Law & Policy, Information Technology | Tagged: Department of Health and Human Services, EHRs, EMRs, Garfunkel, HHS, HIPAA, PHI, security breach, Wild and Travis, www.healthdictionaryseries.com | 3 Comments »
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