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Breach Notification

Sets how the Agency finds, assesses and reports a breach of clients' unsecured protected health information under the HIPAA Breach Notification Rule (the four-factor risk assessment, notice to each affected person without unreasonable delay and no later than 60 calendar days after discovery, media notice for more than 500 residents of a state, and notice to HHS), how it handles a breach of employees' or clients' Social Security, driver's license or financial account numbers under Michigan's Identity Theft Protection Act, and how every incident is logged.

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About this policy
Policy number
MI-HC-PRV-03
Version
1.0
Main rule
45 CFR §164.404
Library
Michigan home care · 50 policies
Category
Privacy
Sections
18

In short

  • A lost phone or file, or information sent to the wrong person, may be a breach.
  • Tell the privacy official the same day. Do not try to fix it quietly.
  • Help contain it: ask the wrong recipient to delete or return the information.
  • The privacy official decides whether it is a breach and sends any notices on time.
  • Clients must be told no later than 60 days after a breach is discovered, so speed matters.

What's inside

18 sections. The full text comes with the One-time Policy Pack.

Full text with a package
  • Terms of Reference
  • 1. Purpose
  • 2. Scope
  • 3. Definitions
  • 4. Policy Statement (45 CFR §164.404)
  • 5. Step 1: Report and Contain (Same Day)
  • 6. Step 2: Decide Whether It Is a HIPAA Breach
  • 7. Step 3: Give the HIPAA Notices
  • 8. Law Enforcement Delay
  • 9. Michigan Identity Theft Protection Act
  • 10. Step 4: Log, Correct and Report
  • 11. Responsibilities
  • 12. Records and Compliance Monitoring
  • 13. Staff Training
  • 14. References
  • 15. Related Policies and Forms
  • 16. Approval
  • 17. Revision History

An inspector may ask

  • A caregiver texted a client's schedule to the wrong person. Walk me through what you would do.
  • How do you decide whether an incident is a reportable breach?

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