Breach Notification Requirements. If the Covered Entity determines a breach of unsecured protected health information by the Business Associate, or its agents or subcontractors has occurred, the Business Associate will be responsible for notifying the individuals whose unsecured protected health information was breached in accordance with HIPAA Regulations. The Business Associate must provide evidence to the Covered Entity that appropriate notifications to individuals and/or media, when necessary, as specified in HIPAA Regulations has occurred. The Business Associate is responsible for all costs associated with notification to individuals, the media or others as well as costs associated with mitigating future breaches. The Business Associate must notify the Secretary of all breaches in accordance with HIPAA Regulations and must provide the Covered Entity with a copy of all notifications made to the Secretary.
Breach Notification Requirements i. In addition to requirements in 5.a above, in the event of a breach or other impermissible use or disclosure by Business Associate of PHI or unsecured PHI, the Business Associate shall be required to notify in writing all affected individuals to include,
a) a brief description of what happened, including the date of the breach and the date the Business Associate discovered the breach;
b) a description of the types of unsecured PHI that were involved in the breach;
c) any steps the individuals should take to protect themselves from potential harm resulting from the breach;
d) a brief description of what Business Associate is doing to investigate the breach, mitigate harm to individuals, and protect against any future breaches, and, if necessary,
e) Establishing and staffing a toll-free telephone line to respond to questions.
ii. Business Associate shall be responsible for all costs associated with breach notifications requirements in 5b, above.
iii. Written notices to all individuals and entities shall comply with 45 CFR 164.404(c)(2), 164.404(d)(1), 164.406, 164.408 and 164.412.
Breach Notification Requirements. If the Covered Entity determines a breach of unsecured protected health information by the Business Associate has occurred, the Business Associate will be responsible for notifying the individuals whose unsecured protected health information was breached in accordance with 42 USC 17932 and 45 CFR 164.404 through 164.406. The Business Associate must provide evidence to the Covered Entity that appropriate notifications to individuals and/or media, when necessary, as specified in 45 CFR 164.404 and 45 CFR 164.406 has occurred. The Business Associate is responsible for all costs associated with notification to individuals, the media or others as well as costs associated with mitigating future breaches. The Business Associate must notify the Secretary of all breaches in accordance with 45 CFR 164.408 and must provide the Covered Entity with a copy of all notifications made to the Secretary.
Breach Notification Requirements. 5.1 With respect to any Breach by the Business Associate as provided in Section 2.4 above, the Business Associate shall notify each individual whose Unsecured Protected Health Information has been, or is reasonably believed by the Covered Entity to have been, accessed, acquired, used, or disclosed as a result of such Breach, except when law enforcement requires a delay pursuant to 45 CFR §164.412:
a. Without unreasonable delay and in no case later than sixty (60) days after discovery of a Breach or from the time it should have reasonable been discovered;
b. By notice in plain language including and to the extent possible:
1) A brief description of what happened, including the date of the Breach and the date of the discovery of the Breach, if known;
2) A description of the types of Unsecured Protected Health Information that were involved in the Breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved);
3) Any steps individuals should take to protect themselves from potential harm resulting from the Breach;
4) A brief description of what the Covered Entity involved is doing to investigate the Breach, to mitigate harm to individuals, and to protect against any further Breaches; and,
5) Contact procedures for individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, web site, or postal address.
c. Use a method of notification that meets the requirements of 45 CFR §164.404(d); and
d. The Business Associate shall provide for substitute notice, as required by HIPPAA Rules, by providing a toll- free phone number that remains active for at least ninety (90) days where an individual can learn whether the individual’s unsecured PHI may be included in the breach and a posting as required by 45 CFR § 164.404 (d) (2). The costs of the substituted notice and notifications set out in this Section shall be the responsibility of the Business Associate.
Breach Notification Requirements. 5.1 With respect to any Breach, the Covered Entity shall notify each individual whose Unsecured PHI has been, or is reasonably believed by the Covered Entity to have been, accessed, acquired, used, or disclosed as a result of such Breach, except when law enforcement requires a delay pursuant to 45 CFR §164.412. This notice shall be:
a. Without unreasonable delay and in no case later than 60 calendar days after discovery of a Breach.
b. In plain language including and to the extent possible:
1) A brief description of what happened, including the date of the Breach and the date of the discovery of the Breach, if known;
2) A description of the types of Unsecured PHI that were involved in the Breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved);
3) Any steps Individuals should take to protect themselves from potential harm resulting from the Breach;
4) A brief description of what the Covered Entity and/or Business Associate is doing to investigate the Breach, to mitigate harm to Individuals, and to protect against any further Breaches; and,
5) Contact procedures for Individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, web site, or postal address.
c. By a method of notification that meets the requirements of 45 CFR §164.404(d).
d. Provided to the media when required under 45 CFR §164.406 and to the Secretary pursuant to 45 CFR §164.408.
Breach Notification Requirements. Should Arduino become aware of any unauthorized release of student data, in violation of applicable privacy laws and/or binding contractual obligations relating to data privacy and security, we will notify the designated privacy Authority in the most expedient way possible and without unreasonable delay. Should an Arduino user or customer suspect a vulnerability or security issue, they are invited to report it as described in our Coordinated Vulnerability Disclosure policy available athttps://xxx.xxxxxxx.xx/xx/xxxxxxxx If there is valid reason to suspect a breach (i.e., clients report fraudulent activity on their accounts, or we see signs that someone has gained unauthorized remote or physical access to the data center), Arduino incident response team will: check for common indicators of compromise to determine whether or not a breach has actually occurred. ● Notify CIO, security team, and application owners of findings. ● Conduct additional research as necessary to determine the extent of impact. If it is determined that a breach has occurred, system(s) or system component(s) may need to be taken offline until they can be locked down with additional security measures (change passwords and certificates, update firewall settings, etc.) An official statement will be issued, summarizing our findings and providing an estimated time frame for service restoration.
Breach Notification Requirements. (a) For purposes of this Section 5, Business Associate shall have the responsibility, following a suspected Breach by Business Associate, to determine if such Breach constitutes a Breach of Unsecured PHI in accordance with the Breach Notification Rule. Business Associate shall notify the Covered Entity, in writing, within ten (10) business days following Business Associate’s discovery of a Breach of Unsecured PHI.
(b) To the extent that Business Associate determines that a Breach of Unsecured PHI has occurred, Business Associate shall provide written notice, on behalf of the Covered Entity, within no more than sixty (60) days following the date the Breach of Unsecured PHI is discovered by Business Associate, or such later date as is authorized under 45 CFR §164.412, to:
(1) each individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used or disclosed as a result of the Breach; and
(2) the media, to the extent required under 45 CFR §164.406.
(c) Unless the individual has agreed to electronic notice as set forth in 45 CFR §164.404, Business Associate shall send notices to individuals described herein using the last known address of the individual on file with Business Associate. If the notice to any individual is returned as undeliverable, Business Associate shall take such action as is required by the Breach Notification Rule.
(d) Business Associate shall be responsible for the drafting, content, form and method of delivery of each of the notices required to be provided by Business Associate under this Section 5; provided, however that Business Associate shall comply, in all respects, with 45 CFR §164.404 and any other applicable breach notification provisions of the Breach Notification.
(e) Any notices required to be delivered by Business Associate hereunder shall be at the expense of the Business Associate.
(f) Business Associate shall conduct any risk assessment necessary to determine whether notification is required hereunder and will maintain any records related thereto in accordance with Business Associate’s internal policies and procedures and the applicable provisions of the Breach Notification Rule.
Breach Notification Requirements. If a breach affects 500 individuals, the covered entities must notify the Secretary without unreasonable delay and in o case later than 60 days following a breach. If a breach affects fewer than 500, individuals, the covered entity may notify the Secretary annually. Other uses and disclosures in certain special circumstances.
Breach Notification Requirements. The MRTCs Draft 2 requires that QHINs, Participants, and Participant Members comply with the Breach notification requirements pursuant to the HIPAA Breach Notification Rule at 45 CFR §164.400-414, regardless of whether or not they are a Covered Entity or Business Associate. Further, each QHIN shall notify the RCE, as well as other QHINs, Participants, Participant Members, and Individual Users who may have been affected by the Breach without unreasonable delay and in accordance with Applicable Law. Where applicable, actors in the Common Agreement may be subject to the Federal Trade Commission Health Breach Notification Rule, which applies to a vendor of personal health records (PHRs), a PHR- related entity, or a third-party service provider for a vendor of PHRs or a PHR-related entity. The Breach notification requirements of the Common Agreement do not supplant any HIPAA or FTC breach reporting requirements or responsibilities.
Breach Notification Requirements. The MRTCs Draft 2 requires that QHINs, Participants, and Participant Members comply with the Breach notification requirements pursuant to the HIPAA Breach Notification Rule at 45 CFR §164.400-414, regardless of whether or not they are a Covered Entity or Business Associate. Further, each QHIN shall notify the RCE, as well as other QHINs, Participants, Participant Members, and Individual Users who may have been affected by the Breach without unreasonable delay and in accordance with Applicable Law. Where applicable, actors in the Common Agreement may be subject to the Federal Trade Commission Health Breach Notification Rule, which applies to a vendor of personal health records (PHRs), a PHR- related entity, or a third-party service provider for a vendor of PHRs or a PHR-related entity. The Breach notification requirements of the Common Agreement do not supplant any HIPAA or FTC breach reporting requirements or responsibilities. The MRTCs Draft 2 requires that QHINs comply with the HIPAA Privacy and Security Rules as it pertains to EHI. Also, QHINs must evaluate their security program for the protection of Controlled Unclassified Information (CUI), and develop and implement an action plan to comply with the security requirements of the most recently published version of the NIST Special Publication 800-171 (Protecting Controlled Unclassified Information in Non-federal Information Systems and Organizations). A CUI category includes EHI. This Publication provides principle guidelines to federal government-wide requirements for CUI, and entities which handle EHI are required to demonstrate the security controls and be compliant with the NIST 800-171 requirements of the most recent publication. In addition, as part of its ongoing security risk analysis and risk management program, QHINs shall review the most recently published version of the HIPAA Security Rule Crosswalk to the NIST Cybersecurity Framework. The NIST Cybersecurity Framework is guidance that was developed with industry for organizations to better manage and reduce cybersecurity risks. Additionally, it was designed to xxxxxx risk and cybersecurity management communications among both internal and external organizational stakeholders. The NIST Cybersecurity Framework is based on existing standards, guidelines, and practices. To the extent the QHIN’s risk analysis identifies any risks, vulnerabilities, or gaps in the QHIN’s compliance with the HIPAA Privacy and Security Rules or other Applicable Law,...
