As you will recall from our prior alerts, the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH Act”) requires that healthcare providers and other covered entities subject to compliance with HIPAA provide the U.S. Department of Health and Human Services (“HHS”) with notice of any breach of unsecured protected health information (“PHI”) that occurs after September 23, 2009. Under the HITECH Act breach notification requirements, HHS must be notified within 60 days of discovery of a breach of unsecured PHI if the incident involved 500 or more individuals.
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