Provided by: Jennifer Kirschenbaum, Esq.
February 25, 2025
Question:
Hi Jennifer,
Is there a date coming up for HIPAA disclosure reporting?
Thank you,
Dr. P
Answer:
Yes, and good reminder! At the end of February, the window closes to report breaches from last year, impacting less than 500 individuals. Whether a disclosure constitutes a breach and you have an obligation to report Is a separate question, and, arguably the more important one.
Starting with the first question, when you have a duty to report, here is how you report - https://www.hhs.gov/hipaa/for-professionals/breach-notification/breach-reporting/index.html.
Whether a disclosure constitutes a breach and warrants reporting is more complicated, as it requires in some instances a multi-factor test weighing mitigating circumstances.
Hi Jennifer,
Is there a date coming up for HIPAA disclosure reporting?
Thank you,
Dr. P
Answer:
Yes, and good reminder! At the end of February, the window closes to report breaches from last year, impacting less than 500 individuals. Whether a disclosure constitutes a breach and you have an obligation to report Is a separate question, and, arguably the more important one.
Starting with the first question, when you have a duty to report, here is how you report - https://www.hhs.gov/hipaa/for-professionals/breach-notification/breach-reporting/index.html.
Whether a disclosure constitutes a breach and warrants reporting is more complicated, as it requires in some instances a multi-factor test weighing mitigating circumstances.
https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html. I recommend having each instance of disclosure reviewed before self-determining a reporting obligation. So, for next steps, prior to reporting, let's discuss the circumstances, and, on a go-forward basis, I recommend a contemporaneous review, not retrospective In each instance, at the time of any disclosure you may be concerned constitutes a "breach". Please share details so we can do a proper assessment at the time of the disclosure.
