BC Advantage - 2021 Issue 5

The Oft-Overlooked Federal Trade Commission's Health Breach Notification Rule Gets a Nudge

For many, when an individual's Protected Health Information (PHI) is unlawfully accessed, the first law that comes to mind is the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  While the HIPAA Breach Notification Rule "requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information,"  the Federal Trade Commission's (FTC) Health Breach Notification Rule (hereinafter "FTC Breach Rule")   is getting renewed interest.While HIPAA's Breach Notification Rule only applies to covered entities, business associates, and subcontractors, the FTC Breach Rule casts a broader net and relates...

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