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 Following a breach of unsecured protected health information, covered
 entities must provide notification of the breach to affected 
individuals, the Secretary, and, in certain circumstances, to the media.
 In addition, business associates must notify covered entities if a 
breach occurs at or by the business associate. 
Individual Notice
Covered entities must notify affected individuals following the 
discovery of a breach of unsecured protected health information. Covered
 entities must provide this individual notice in written form by 
first-class mail, or alternatively, by e-mail if the affected individual
 has agreed to receive such notices electronically. If the covered 
entity has insufficient or out-of-date contact information for 10 or 
more individuals, the covered entity must provide substitute individual 
notice by either posting the notice on the home page of its web site for
 at least 90 days or by providing the notice in major print or broadcast
 media where the affected individuals likely reside. The covered entity 
must include a toll-free phone number that remains active for at least 
90 days where individuals can learn if their information was involved in
 the breach. If the covered entity has insufficient or out-of-date 
contact information for fewer than 10 individuals, the covered entity 
may provide substitute notice by an alternative form of written notice, 
by telephone, or other means.   
These individual notifications must be provided without unreasonable 
delay and in no case later than 60 days following the discovery of a 
breach and must include, to the extent possible, a brief description of 
the breach, a description of the types of information that were involved
 in the breach, the steps affected individuals should take to protect 
themselves from potential harm, a brief description of what the covered 
entity is doing to investigate the breach, mitigate the harm, and 
prevent further breaches, as well as contact information for the covered
 entity (or business associate, as applicable). 
With respect to a breach at or by a business associate, while the 
covered entity is ultimately responsible for ensuring individuals are 
notified, the covered entity may delegate the responsibility of 
providing individual notices to the business associate.  Covered 
entities and business associates should consider which entity is in the 
best position to provide notice to the individual, which may depend on 
various circumstances, such as the functions the business associate 
performs on behalf of the covered entity and which entity has the 
relationship with the individual.   
Media Notice
Covered entities that experience a breach affecting more than 500 
residents of a State or jurisdiction are, in addition to notifying the 
affected individuals, required to provide notice to prominent media 
outlets serving the State or jurisdiction.  Covered entities will likely
 provide this notification in the form of a press release to appropriate
 media outlets serving the affected area.  Like individual notice, this 
media notification must be provided without unreasonable delay and in no
 case later than 60 days following the discovery of a breach and must 
include the same information required for the individual notice. 
Notice to the Secretary
In addition to notifying affected individuals and the media (where 
appropriate), covered entities must notify the Secretary of breaches of 
unsecured protected health information. Covered entities will notify the
 Secretary by visiting the HHS web site and filling out and electronically submitting a breach report form.
 If a breach affects 500 or more individuals, covered entities must 
notify the Secretary without unreasonable delay and in no case later 
than 60 days following a breach. If, however, a breach affects fewer 
than 500 individuals, the covered entity may notify the Secretary of 
such breaches on an annual basis. Reports of breaches affecting fewer 
than 500 individuals are due to the Secretary no later than 60 days 
after the end of the calendar year in which the breaches are discovered. 
  
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