Last Friday the US Department of Health and Human Services (HHS) released, at the last possible moment to meet their deadline, their interim final regulations to require covered entities (CEs) under the Health Insurance Portability and Accountability Act (HIPAA) and their business associates (BAs) to provide for notification in the case of breaches of unsecured protected health information (PHI) as required by the HITECH Act.
If you’ve read any of the at least 47 U.S. state and territory beach notice laws you will get a strong sense of deja vu while reading this document. They borrowed HEAVILY from the various existing breach notice laws to estblished their proposed definitions of securing PHI, what constitutes a “breach” of PHI, and for doing breach notifications.
There are two major issues…

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