Editor's note: This is the third in a three-part series about breach notifications. Part one focused on how to prevent breaches. Part two tackled how to handle breaches. This installment offers some final tips if a breach occurs.
Now that you've followed protocol—the government's and your facility's—consider these final checklist items for after you respond accordingly to a breach.
They are offered by Andrew E. Blustein, Esq., partner and cochair of Garfunkel, Wild & Travis' Health Information and Technology Group in Great Neck, NY; Hackensack, NJ; and Stamford, CT:
HHS has said it will not enforce breach notification provisions until February 2010—or 180 days from the publication of the interim final rule—but HITECH states that covered entities (CE) are subject now to penalties for noncompliance.
CEs should have breach response systems in place already, says Chris Simons, RHIA, director of UM and HIM and the privacy officer at Spring Harbor Hospital in Westbrook, ME.