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How to Submit Notice of a Patient Information Breach

Dom Nicastro, for HealthLeaders Media, October 2, 2009

"I am hoping that whoever is managing the form considers installing some icons where people can click to get ‘help' on the form to avoid getting into a submit-error message-resubmit loop like the one I fell into without any specific directions or guidance on how to fix the error on the form," he says.

HHS' breach notification provisions include:

  • Notice to patients of breaches "without reasonable delay" within 60 days
  • Notice to covered entities by BAs when BAs discover a breach
  • Notice to "prominent media outlets" on breaches of more than 500 individuals
  • Notice to "next of kin" on breaches of patients who are deceased
  • Notice to the Secretary of HHS of breaches of 500 or more without reasonable delay
  • Annual notice to the Secretary of HHS of breaches of less than 500 of "unsecured PHI" that pose a significant financial risk or other harm to the individual, such as reputation

Dom Nicastro is a senior managing editor at HCPro, Inc. in Danvers, MA. He edits the Briefings on HIPAA newsletter and manages the HIPAA Update Blog. E-mail him at dnicastro@hcpro.com.

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