A covered entity suffers a ransomware attack that affects the personal health information (PHI) of more than 500 individuals. According to Federal law under HIPAA, which of the following would the covered entity NOT have to report the breach to?
The correct answer is D. Medical providers.
Reference: The IAPP textbook, U.S. Private-Sector Privacy, 4th Edition, 2024, Section 8.2.1 Notice of Breach: "If there is a high probability that the security or privacy of the information (financial, reputational, or other) has been compromised, a covered entity must notify individuals within 60 days of discovery. If the breach affects more than 500 people, the covered entity must notify the HHS immediately, and if the breach affects 500 or more in the same jurisdiction, it must notify the media."
Medical providers are not among those to whom the covered entity should report the breach, making choice D the next answer to the question asked.
Breach Notification Requirements
Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate.
Individual Notice
Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information.
Media Notice
Covered entities that experience a breach affecting more than 500 residents of a State or jurisdiction are, in addition to notifying the affected individuals, required to provide notice to prominent media outlets serving the State or jurisdiction.
Notice to the Secretary (notify the Secretary by visiting the HHS website)
In addition to notifying affected individuals and the media (where appropriate), covered entities must notify the Secretary of breaches of unsecured protected health information. Covered entities will notify the Secretary by visiting the HHS website and filling out and electronically submitting a breach report form.
If a breach affects 500 or more individuals, covered entities must notify the Secretary without unreasonable delay and in no case later than 60 days following a breach. If, however, a breach affects fewer than 500 individuals, the covered entity may notify the Secretary of such breaches on an annual basis.
Reports of breaches affecting fewer than 500 individuals are due to the Secretary no later than 60 days after the end of the calendar year in which the breaches are discovered
https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html
Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate.
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