Reporting of Breaches Under 500 Due by March 1

Robinson+Cole Data Privacy + Security Insider

HIPAA requires covered entities and business associates to report to the Office for Civil Rights (OCR) all breaches of unsecured protected health information when the incident involves fewer than 500 individuals no later than 60 days following the calendar year in which the breach occurred.

This year, the deadline for reporting breaches that occurred in 2021 is March 1, 2022.

Using the OCR’s breach portal takes some time, so don’t wait until the last minute to complete your reporting of any breaches that happened in 2021 that involved fewer than 500 individuals.

Since this is a report to a regulator and the enforcement entity that has jurisdiction to fine and penalize covered entities and business associates, check and re-check the submission(s) for accuracy before you submit. The OCR portal allows you to download a sample form, which can be used to prepare your answers before you submit through the portal.

There is no law against submitting the reports before the deadline. Just don’t miss it.

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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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