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HIPAA's Breach Notification Rule requires covered entities to notify patients when their unsecured protected heath information (PHI) is impermissibly used or disclosed\u2014or \u201cbreached,\u201d\u2014in a way that compromises the privacy and security of the PHI.
If a breach affects 500 or more individuals, covered entities must notify the Secretary without unreasonable delay and in no case later than 60 days following a breach. If, however, a breach affects fewer than 500 individuals, the covered entity may notify the Secretary of such breaches on an annual basis.
A breach is defined in HIPAA section 164.402, as highlighted in the HIPAA Survival Guide, as: \u201cThe acquisition, access, use, or disclosure of protected health information in a manner not permitted which compromises the security or privacy of the protected health information.\u201d
HIPAA's Breach Notification Rule requires covered entities to notify patients when their unsecured protected heath information (PHI) is impermissibly used or disclosed\u2014or \u201cbreached,\u201d\u2014in a way that compromises the privacy and security of the PHI.
The HIPAA Security Rule (45 CFR 164.304) describes a security incident as \u201can attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system.\u201d
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HIPAA Violation 1: A Non-Encrypted Lost or Stolen Device One of the most common HIPAA violations is that a lost or stolen device can easily result in theft or unauthorized access to PHI. Fines of up to $1.5 million \u2013 per violation category, per year that the violation has been allowed to persist.
HIPAA Exceptions Defined To public health authorities to prevent or control disease, disability or injury. To foreign government agencies upon direction of a public health authority. To individuals who may be at risk of disease. To family or others caring for an individual, including notifying the public.
Most Common HIPAA Violation Examples 1) Lack of Encryption. 2) Getting OR Phished. 3) Unauthorized Access. 4) Loss or Theft of Devices. 5) Sharing Information. 6) Disposal of PHI. 7) Accessing PHI from Unsecured Location.
Basically, there are three exceptions to breaches: If the unintentional acquisition, access, or use of PHI by a workforce member or person acting under the authority of a covered entity or business associate, if such acquisition, access, or use was made in good faith and within the scope of authority.
If your information is shared accidentally, then it is not considered a breach. For example, say an administrator emailed a person's PHI to another person unintentionally. That email would not be considered a breach if the administrator can prove that it was accidental and it didn't happen repeatedly.

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