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Breach Notification Under HIPAA and the Michigan Identity Theft Protection Act

Sets out what the Agency does when protected health information or other personal information may have been lost, stolen, seen or sent where it should not go: immediate reporting to the Privacy Official, containment, the four-factor risk assessment under 45 CFR §164.402, notice to patients without unreasonable delay and in no case later than 60 calendar days after discovery, notice to HHS and, for more than 500 residents of a state, to the media, the law enforcement delay, breaches by business associates, the yearly HHS report for smaller breaches, and the separate Michigan Identity Theft Protection Act duties for personal information (such as employees’ Social Security numbers) that HIPAA does not cover. Form MI-HH-PRV-03-A records each assessment and notice.

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About this policy
Policy number
MI-HH-PRV-03
Version
1.0
Main rule
45 CFR §164.400 to §164.414
Library
Michigan home health · 57 policies
Category
Privacy
Sections
24

In short

  • If patient information is lost, stolen, sent to the wrong person or seen by someone who should not see it, tell the Privacy Official at once.
  • Do not delete anything or try to fix it alone. Follow the Privacy Official’s instructions.
  • The Privacy Official decides whether it is a breach that must be reported, using a written risk assessment.
  • Patients are told without unreasonable delay and never later than 60 calendar days after the Agency discovers the breach.
  • The clock starts the day any staff member knows, so reporting late puts the Agency at risk.

What's inside

24 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 §164.400 to §164.414)
  • 5. Report at Once and Contain
  • 6. Is It a Breach? Exceptions and Risk Assessment
  • 6.1 The Four-Factor Risk Assessment
  • 7. Notice Time Frames
  • 8. Notice to Patients
  • 8.1 Content
  • 8.2 Method
  • 9. Media and HHS Notice
  • 10. Law Enforcement Delay
  • 11. Breaches by Business Associates
  • 12. Michigan Identity Theft Protection Act
  • 13. After the Breach
  • 14. Responsibilities
  • 15. Records and Compliance Monitoring
  • 16. Staff Training
  • 17. References
  • 18. Related Policies and Forms
  • 19. Approval
  • 20. Revision History

An inspector may ask

  • Walk me through what happens when a nurse loses a phone or sends a visit note to the wrong fax number.
  • Show me your breach log and the risk assessment for this incident.

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