What constitutes a breach under HIPAA?

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A breach under HIPAA is defined as an impermissible use or disclosure of Protected Health Information (PHI) that compromises the security or privacy of that information. This definition encompasses any scenario where PHI is shared or accessed in a way that is not permitted under HIPAA regulations. For example, if a healthcare provider mistakenly sends a patient’s medical record to the wrong recipient, this would be considered a breach because it involves the unauthorized access or sharing of sensitive patient information.

In contrast, minor charting errors, billing mistakes, or failures to obtain insurance information do not typically meet the threshold for a breach under HIPAA. These issues may involve errors in record-keeping or administrative tasks but do not directly result in unauthorized access to or disclosure of PHI. The focus of a breach is specifically on the unauthorized exposure of protected information, which is why the identification of impermissible use or disclosure is critical in understanding what constitutes a breach. This highlights the importance of safeguarding PHI and adhering to HIPAA regulations to prevent such breaches from occurring.

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