HHS guts health-care breach notification law, groups warn

However, in an interim final rule published late last month, the HHS introduced a new “harm threshold” for breach notification which critics say completely guts the original intent of the bill. Under the change, health-care entities will be required to publicly disclose breaches involving health-care data only if they think the breach will cause financial or reputational harm to those whose data was compromised.

The change allows health-care companies to do a self-assessment of the potential privacy and fraud risks stemming from a data breach and leaves it up to them to decide if a notification is justified. If a breached company decides there is no harm, it will have no obligation to disclose the breach to anyone — even if it had taken no measures previously to protect the data

via HHS guts health-care breach notification law, groups warn.