Reporting Requirements for Data Breaches under HIPAA

Under HIPAA (Health Insurance Portability and Accountability Act), healthcare providers, health plans, and healthcare clearinghouses are mandated to report data breaches involving Protected Health Information (PHI). The reporting requirements for data breaches under HIPAA are stringent and must be followed to ensure patient privacy and confidentiality.

When to Report

Data breaches involving PHI must be reported without undue delay and within 60 days of discovering the breach. If the breach affects more than 500 individuals, the U.S. Department of Health and Human Services (HHS) must be notified immediately. For breaches affecting fewer than 500 individuals, providers must keep a log and report them annually to HHS.

How to Report

Healthcare organizations must report breaches through the HHS website by completing the breach notification form. They must provide details of the breach, the number of individuals affected, the type of PHI involved, and the steps taken to mitigate the breach.

Potential Consequences of Non-Compliance

Failure to report a data breach under HIPAA can result in significant fines and penalties. Civil penalties can range from $100 to $50,000 per violation, up to a maximum of $1.5 million per year per violation.