{"ref":"TX-PRV-03","title":"HIPAA Breach Notification","category":"Privacy","summary":"Explains what to do if client information is lost, stolen, or sent to the wrong person: tell the office at once, so the Agency can assess the incident and notify every person, agency, and outlet the law requires, within the deadlines federal and Texas law set.","inShort":["If a client's information is lost, stolen, or sent to the wrong person, tell the office at once.","Report it the same day, even if you're not sure anything went wrong.","Sample Home Care Agency, LLC decides who the law says must be told. That decision isn't yours to make.","Never try to fix it yourself, and never stay quiet hoping it wasn't serious."],"primaryCitation":"45 CFR §§164.400-164.414","citations":["Tex. Bus. & Com. Code §521.053","Tex. Bus. & Com. Code §521.002","Tex. Health & Safety Code ch. 181","26 TAC §558.301"],"federalCitations":["45 CFR §§164.400-164.414","45 CFR §164.402","45 CFR §164.404","45 CFR §164.406","45 CFR §164.408","45 CFR §164.410","45 CFR §164.412","45 CFR §164.414"],"surveyorAsks":["Ask an attendant: a client’s paperwork fell out of your bag at the grocery store. What do you do?","Show me the risk assessment for your most recent reportable incident, or your log showing you have had none."],"forms":[],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (45 CFR §§164.400-164.414)","5. Risk Assessment","6. Federal Notification Requirements","7. Content and Method of Notice to Individuals","8. Texas Notification Requirements","9. Notice Method, Business Associates, and Law Enforcement Delay","10. Procedure","11. Responsibilities","11.1 Staff Training","12. Records and Documentation","12.1 Compliance Monitoring","13. References","14. Related Policies and Forms","15. Approval","16. Revision History"],"version":"1.0","sample":false,"pack":"tx-pas","state":"Texas","service":"Home care","guides":[{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Home Care Agency","legalName":"Sample Home Care Agency, LLC","logo":null}}