What is the source of notification requirements following a data breach of a clinical system containing PHI?

The HITECH Act plays a critical role in establishing notification requirements following a data breach involving protected health information (PHI). Enacted as part of the American Recovery and Reinvestment Act of 2009, the HITECH Act strengthened the protections around PHI and imposed stricter rules for notifying individuals when their health information is compromised.

Specifically, the HITECH Act mandates that covered entities and their business associates must notify affected individuals without unreasonable delay and no later than 60 days after the discovery of a breach. This requirement ensures that individuals are informed about breaches affecting their sensitive health information, allowing them to take necessary steps to protect themselves from potential identity theft or other consequences.

In contrast, while the HIPAA Security Rule provides general guidelines for protecting electronic PHI, it does not specifically focus on notification requirements following a breach. The other options, such as FERPA and the Privacy Act, pertain to different types of information (like educational records) and regulations, hence are not applicable to the context of healthcare data breaches involving PHI.