HHS Releases HITECH Act Breach Notification Rule: Rule Effective Thirty Days After Publication But HHS Sanctions Will Not Apply for 180 Days

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On Wednesday August 19, the Office for Civil Rights of the Department of Health and

Human Services (the “OCR”) posted a copy of its Interim Final Rule for Breach

Notification for Unsecured Protected Health Information (the “Interim Rule”),

implementing Section 13402 of the HITECH Act (the “Act”). Publication in the Federal

Register is expected on Monday August 24.1 As an Interim Final Rule, there is a sixty

day comment period after publication in the Federal Register. Comments may result in

further changes or clarifications. Ober|Kaler's James B. Wieland presents a summary.

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