BC Advantage - 2024 Issue 8

Coming Soon to a Federal Register Near You: Changes to the FTC’s Health Breach Notification Rule

On April 26, 2024, the Federal Trade Commission (FTC) announced changes to its Health Breach Notification Rule, 16 CFR Part 318 (HBNR). The effective date is 60 days after its publication in the Federal Register (https://www.ftc.gov/system/files/ftc_gov/pdf/hbnr_final_rule_04_25.pdf for the pre-publication version).   Initially promulgated as a result of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5 (2009), Section 13407 “created certain protections for ‘personal health records' or ‘PHRs,' electronic records of PHR identifiable health information on an individual that can be drawn from multiple sources and that are managed, shared...

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