HITECH Act
Subtitle D Part 1: improved privacy and security provisions (sections 13401 to 13412) – HITECH Act

HITECH Act 13402e: Section 13402(e): methods of notice: written notice to individuals, substitute notice, media notice above 500 residents of a state, notice to the Secretary and the public breach list

Individual notice is written first-class mail to the last known address (or email if the individual prefers), with substitute notice where contact information is insufficient (a conspicuous web posting or major media notice with a toll-free number where ten or more individuals cannot be reached), and telephone or other means may be added where misuse is imminent. Where the breach involves more than 500 residents of a state or jurisdiction, prominent media outlets serving it are notified. The Secretary is notified immediately for breaches of 500 or more individuals and through an annual log for smaller breaches, and HHS publishes the list of covered entities with breaches of more than 500 individuals.

Maintained by Gerard BlokdykControl text last updated

Other controls in Subtitle D Part 1: improved privacy and security provisions (sections 13401 to 13412) – HITECH Act

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