New Federal Notice Requirements for the Breach of Unsecured Protected Health Information


In February of this year, the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) was passed as part of the American Recovery and Reinvestment Act of 2009. The HITECH Act contains the first significant changes to HIPAA since its enactment in 1996. The HITECH Act will require HIPAA “covered entities,” such as employer health plans, to revise their HIPAA notices and privacy and security policies and procedures and amend their agreements with business associates, by February 2010.

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