P&C Insurers Are Not “PHR Vendors” Under FTC HITECH Rule

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The Federal Trade Commission's (“FTC”) Health Breach Notification Rule (“Rule”) requires vendors of “personal health records” (“PHR vendors”) to notify consumers and the FTC in the event that the security of personally identifiable health information in a PHR maintained by the PHR vendor is breached. 16 C.F.R. § 318.3(a). Compliance with the Rule is required by February 22, 2010. 74 Fed. Reg. 42,962, 42,962 (Aug. 25, 2009).

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Published In: Antitrust & Trade Regulation Updates, Consumer Protection Updates, Health Updates, Insurance Updates, Privacy Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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