Home Health & Hospice Week

Industry Notes:

Email Could Suffice For Breach Notifications If Proposed Changes Are Finalized

Now that the comment period has closed on changes to the Health Breach Notification Rule, it’s time to start the countdown to final changes being unveiled.

Reminder: The HBNR requires entities holding personal health records to notify consumers after a breach occurs that involves sensitive information. The entities must also tell the government.

On May 18, 2023, the Federal Trade Commission proposed changes to strengthen the HBNR and refine how it applies to health apps and related technologies. Several of the proposed amendments include clarifying how the HBNR applies to health apps and technologies not covered by HIPAA; explaining what constitutes a security breach under the rule; and allowing email and other electronic means of communication to notify consumers.

“The proposed amendments to the rule will allow it to keep up with marketplace trends, and respond to developments and changes in technology,” said Samuel Levine, director of the FTC’s Bureau of Consumer Protection in a press release. The comment period on the rule closed Aug. 8.

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