What does the Breach Notification under ARRA require covered entities to do?

The requirement for breach notification under the Health Information Technology for Economic and Clinical Health (HITECH) Act, which is part of the American Recovery and Reinvestment Act (ARRA), mandates that covered entities must promptly notify affected individuals in the event of a breach of unsecured protected health information (PHI). This notification must be made without unreasonable delay and, in most cases, no later than 60 days following the discovery of the breach.

This obligation is a critical mechanism designed to empower individuals to take action to protect themselves from potential harm that could arise due to unauthorized access to their personal health information. By informing affected individuals, covered entities help them mitigate risks such as identity theft, fraud, or other negative consequences stemming from the breach.

Having protocols in place for timely notification also demonstrates a covered entity's commitment to compliance and accountability in handling sensitive health information, reinforcing trust with patients and stakeholders. In contrast, other options suggest actions that may not align with the specific regulatory requirements of breach notifications under ARRA. For instance, while legal consultation may be prudent in some cases, it is not an explicit requirement of the breach notification process under ARRA. Similarly, notifying the Department of Justice is not a prescribed step for covered entities under these regulations, nor is it