HITECH Act and Omnibus Rule

HITECH Act and Omnibus Rule

Last Modified: April 03, 2017

Reference: IT Security Provisions

These were updates made to strengthen the Privacy, Security, and Breach Notifications rules within HIPAA. These updates went into effect in 2013 and were the driving force for many existing IaaS vendors to begin signing BAAs.

Notification in the Case of Breach - 13402(a) and 13402(b)

Visible Health has a formal breach notification policy that addresses the requirements of notifying affected individuals and customers of a suspected breach of ePHI. These policies outline the relevant and responsible parties in case of a breach, forensics work to discover extent of breach, reason for breach, correction of infrastructure to prevent future breach, and requirements of notifying customers of a breach within 24 hours. Visible Health is a defined Business Associate or subcontractor according to HIPAA regulations and the specific customer relationship.

Standard Description
In General A covered entity that accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses, or discloses unsecured protected health information (as defined in subsection (h)(1)) shall, in the case of a breach of such information that is discovered by the covered entity, notify each individual whose unsecured protected health information has been, or is reasonably believed by the covered entity to have been, accessed, acquired, or disclosed as a result of such breach.
Notification of Covered Entity by Business Associate The requirements for the HITECH Act Notification in the Case of Breach - Notification of Covered Entity by Business Associate - Uses and Disclosures: Organizational Requirements “Business Associate Contracts” standard are located in the “BA Requirements” worksheet.

Timeliness of Notification - 13402(d)(1)

Visible Health has a breach notification policy that addresses the requirements of notifying the affected individuals or customers within 24 hours of a breach.

Standard Description
In General Subject to subsection (g), all notifications required under this section shall be made without unreasonable delay and in no case later than 60 calendar days after the discovery of a breach by the covered entity involved (or business associate involved in the case of a notification required under subsection (b)).

Content of Notification - 13402(f)(1)

Visible Health has Breach Notification policies in place and they include a brief description of the breach, including the date of the breach and the date of the discovery of the breach, if known. Visible Health breach notification policies include 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 PII were involved) and what the source of the breach was. Our breach notification policies include steps the individual should take to protect themselves from potential harm resulting from the breach. Our policies also provide the contact procedures for individuals to ask questions or learn additional information, which includes a toll-free telephone number, an e-mail address, Web site, or postal address.

Standard Description
Description of Breach Regardless of the method by which notice is provided to individuals under this section, notice of a breach shall include, to the extent possible, the following: (1) A brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known.
Description of EPHI Involved (2) A description of the types of unsecured protected health information that were involved in the breach (such as full name, Social Security number, date of birth, home address, account number, or disability code).
Actions by Individuals 3) The steps individuals should take to protect themselves from potential harm resulting from the breach.
Contact Procedures (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.