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HIPAA Breach Notification Requirements

By Adrienne Hersh, JD, ICS Legal Counsel · May 6, 201511 min read
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HIPAA Breach Notification Requirements
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At this point, HIPAA-covered providers know that they are required to keep patients’ protected health information (PHI) private and secure.  What they may not know is that they also are required to maintain a HIPAA-compliant breach notification policy in the office and to notify patients if a breach occurs.

In an ideal world, all PHI would be perfectly safe, sound and accessible only by appropriate parties.  The writers of the HIPAA rules realized that, even with protective measures in place, PHI is managed by imperfect, albeit well-meaning, human beings.  Even with the best of efforts, the privacy and security of PHI may be breached occasionally.  HIPAA requires providers to implement protective procedures and to follow notification requirements when a breach occurs.

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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