Breach Notification
Sets how the Agency recognizes, reports internally, assesses and gives notice of a breach of client information under Florida's data breach law (s. 501.171, F.S.: individuals no later than 30 days, the Department of Legal Affairs within 30 days for 500 or more Floridians, consumer reporting agencies for more than 1,000, vendors to the Agency within 10 days) and, if the Agency is a covered entity, the HIPAA Breach Notification Rule (individuals no later than 60 calendar days after discovery, HHS and the media), meeting the shorter time where both apply.
- Policy number
- FL-HC-PRV-03
- Version
- 1.0
- Main rule
- s. 501.171, F.S.
- Library
- Florida home care · 50 policies
- Category
- Privacy
- Sections
- 19
In short
- A breach is when client information gets to someone who should not have it, or may have.
- Examples: a lost phone, a stolen bag of records, a fax or e-mail sent to the wrong person, a hacked account.
- Call the privacy official or the Administrator at once, and before the end of your shift.
- Do not try to investigate on your own, and do not tell the client before the office decides what to do.
- Florida law gives us no more than 30 days to notify people, so every hour counts.
What's inside
19 sections. The full text comes with the One-time Policy Pack.
- Terms of Reference
- 1. Purpose
- 2. Scope
- 3. Definitions
- 4. Policy Statement (s. 501.171, F.S.)
- 5. Recognizing a Possible Breach
- 6. Reporting Inside the Agency
- 7. Risk Assessment and Decision
- 8. Who Must Be Notified and When
- 9. Content and Method of Notices
- 10. Penalties
- 11. After the Notices
- 12. Responsibilities
- 13. Records and Compliance Monitoring
- 14. Staff Training
- 15. References
- 16. Related Policies and Forms
- 17. Approval
- 18. Revision History
An inspector may ask
- What would your staff do if a caregiver's phone with client information were stolen?
- Who decides whether an incident is a breach, and how is the decision documented?
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