Steps to Take Following a Healthcare Data Breach

The prevalence, size and cost of healthcare breaches is skyrocketing, with hackers gaining sophistication and regulators becoming more active.  It is a rare covered entity that has not had to report a data breach to patients/members and the U.S. Department of Health & Human Services Office for Civil Rights since the Health Information Technology and Economic Clinical Health Act became effective in 2009.  To assist healthcare companies in understanding and responding to data breaches in this regulatory environment, in a guest article, BakerHostetler partner Lynn Sessions discusses: the enforcement climate; the legal definition of a healthcare breach; strategies for handling unsecured personal health information; notification requirements and best notification procedures; activating a breach response team; mitigating the impact of a breach; and what’s next in cybersecurity for the healthcare industry.

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