Part 164 – Security and Privacy


§ 164.402 Definitions

As used in this subpart, the following terms have the following meanings: Breach means the acquisition, access, use, or disclosure of protected health information in a manner not permitted under subpart E of this part which compromises…

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§ 164.404 Notification to individuals

(a) Standard— (1) General rule. A covered entity shall, following the discovery of a breach of unsecured protected health information, notify each individual whose unsecured protected health information has…

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§ 164.408 Notification to the Secretary

(a) Standard. A covered entity shall, following the discovery of a breach of unsecured protected health information as provided in §164.404(a)(2), notify the Secretary. (b) Implementation specifications: Breaches involving 500 or more individuals. For breaches of unsecured protected health information involving 500 or more individuals…

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§ 164.410 Notification by a business associate

(a) Standard.

(1) General rule. A business associate shall, following the discovery of a breach of unsecured protected health information, notify the covered entity of such breach. (2) Breaches treated as discovered. For purposes of paragraph (a)(1) of this section, a breach shall be treated as…

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