Data Breach
HIPAA Breach Notification Overview
TL;DR
The HIPAA Breach Notification Rule requires covered entities to notify affected individuals, HHS, and in some cases the media within 60 days of discovering a breach of unsecured PHI. See our complete Breach Notification Rule guide for full coverage of all requirements.
Overview of the HIPAA Breach Notification Rule — what triggers notification, who must be notified, and when. See our complete guide for full coverage.
The HIPAA Breach Notification Rule requires covered entities and business associates to provide notification when unsecured Protected Health Information is breached.
We have published a complete guide to the HIPAA Breach Notification Rule covering the breach definition, four-factor risk assessment, all notification requirements, and deadlines. Read the full guide for complete coverage.
For complete coverage of all Breach Notification Rule requirements see our full guide: Understanding the HIPAA Breach Notification Rule.
Quick reference
Who must notify: Covered entities notify individuals, HHS, and media. Business associates notify the covered entity.
Deadline: 60 days from date of discovery — not from when your investigation concludes.
Presumption: Any impermissible use or disclosure of unsecured PHI is presumed to be a breach unless a four-factor risk assessment demonstrates low probability of compromise.
Threshold for immediate HHS reporting: 500 or more individuals affected.
Threshold for media notification: 500 or more residents of a state or jurisdiction.
For the complete analysis of each requirement including the four-factor assessment, all notification content requirements, business associate obligations, and state law considerations, see our complete Breach Notification Rule guide.
Sources & citations
- 45 CFR §§164.400-414 — Breach Notification RuleOpen
All content verified against official HHS guidance and the Code of Federal Regulations.
Frequently asked questions
Where can I find the complete HIPAA breach notification guide?▾
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