Breach Notification Requirement (42 USC 17937) – Health Information Privacy Regulation
Breach Notification Requirement (42 USC 17937) – Health Information Privacy Regulation is backordered and will ship as soon as it is back in stock.
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Breach Notification Requirement (42 USC 17937) – Health Information...
Product Details
This document outlines the Breach Notification Requirement (42 USC 17937), a temporary federal statute establishing breach notification rules for vendors of personal health records and other entities not covered by HIPAA regulations. It defines requirements for notifying affected individuals and the Federal Trade Commission following the discovery of a data breach.
As a federal statute, this is not a physical marine part and has no direct replacements or interchange numbers.
- Applies to vendors of personal health records and specific non-HIPAA covered entities.
- Implemented and enforced by the Federal Trade Commission (FTC).
- Violations are treated as unfair and deceptive trade practices.
Key Statutory Requirements
In General (Subsection a)
| Entity Type | Requirement | Timing | Notification Recipient |
|---|---|---|---|
| Vendors of personal health records | Notify affected individuals and FTC | Following discovery of a breach | US citizens/residents whose information was accessed + FTC |
| Entities in section 17953(b)(1)(A)(ii-iv) | Notify affected individuals and FTC | Following discovery of a breach | US citizens/residents whose information was accessed + FTC |
Third Party Service Providers (Subsection b)
| Entity Type | Requirement | Timing | Notification Recipient |
|---|---|---|---|
| Third party service providers | Notify vendor or entity | Following discovery of a breach | The vendor or entity for whom they provide services |
Application of Requirements (Subsection c): The notification requirements under section 17932(c), (d), (e), and (f) apply to notifications required under this section, including timeliness, method, and content requirements.
Definitions (Subsection f)
| Term | Definition |
|---|---|
| Breach of security | Acquisition of unsecured PHR identifiable health information without authorization |
| PHR identifiable health information | Individually identifiable health information that identifies or can identify an individual |
| Unsecured PHR identifiable health information | PHR identifiable health information not protected by technology specified by Secretary guidance |
Technical Specs
- Product Type
- Federal Statute
- Legislation
- 42 U.S. Code § 17937
- Title
- Temporary breach notification requirement for vendors of personal health records and other non-HIPAA covered entities
- Date Enacted
- February 17, 2009
- Effective Date
- February 17, 2010
- Implementing Agency
- Federal Trade Commission
- Legislative Authority
- Public Law 111-5, division A, title XIII, § 13407
- Statute Citation
- 123 Stat. 269
- Status
- Current Law
- Scope
- Applies to vendors of personal health records and entities described in section 17953(b)(1)(A)
- Enforcement
- Violations treated as unfair and deceptive acts or practices
- Sunset Provision
- Expires if Congress enacts new breach notification requirements for non-HIPAA entities
- Product Dimensions
- 58.0" L x 23.0" W x 5.0" H
What’s in the Box
- This is a federal statute, not a physical product. The package does not contain physical items.
Installation Notes
As a legal statute, "installation" refers to compliance. Affected entities must develop and implement procedures to detect breaches of security and provide notifications to individuals and the FTC as required by the law. This typically involves legal consultation to ensure internal policies align with the statutory requirements specified in 42 U.S. Code § 17937.
Troubleshooting & FAQ
Who does this breach notification law apply to?
This law applies to vendors of personal health records and other specified entities that are not covered by HIPAA regulations. It also outlines requirements for their third-party service providers.
Is this law part of HIPAA?
No, this statute was created specifically to establish temporary breach notification requirements for vendors and entities NOT covered by HIPAA.
What triggers the notification requirement?
The requirement is triggered upon the discovery of a "breach of security," which is defined as the acquisition of unsecured, personally identifiable health information without the authorization of the individual.
What are the consequences of non-compliance?
Under this statute, violations are treated as an "unfair and deceptive act or practice" and are subject to enforcement by the Federal Trade Commission (FTC).
When did this law go into effect?
The law was enacted on February 17, 2009, with an effective date 12 months later on February 17, 2010.
Could this law expire?
Yes, it includes a sunset provision. It is designed to expire if and when Congress enacts new breach notification legislation that covers the same non-HIPAA entities.
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