What must a covered entity do if a security breach occurs?

When a security breach occurs, a covered entity is required to notify affected individuals and, in certain situations, the Secretary of Health and Human Services (HHS). This action aligns with the regulations set forth by the Health Insurance Portability and Accountability Act (HIPAA), which mandates that covered entities have specific protocols in place to handle breaches involving protected health information (PHI).

Notifying affected individuals is crucial because it allows them to take appropriate measures to protect themselves from potential harm, such as identity theft or unauthorized use of their health information. Additionally, reporting to the Secretary of HHS is necessary when the breach meets certain thresholds, particularly if it affects a substantial number of individuals, as the Secretary oversees compliance with HIPAA regulations.

In contrast, ignoring the incident could lead to further harm and legal consequences. Simply waiting for legal instructions may delay necessary actions that need to be taken to mitigate risks and inform affected individuals. Lastly, only notifying individuals if the breach was large does not adhere to the regulations, as all breaches must be evaluated for notification regardless of their size or impact.

Thus, timely communication in the event of a breach is a critical responsibility for covered entities to ensure compliance and protect the individuals whose data may be compromised.