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Incident Response & Operations

Breach (HIPAA)

An impermissible use or disclosure of unsecured PHI that compromises its security or privacy.

Under HIPAA, a breach is an impermissible use or disclosure of unsecured protected health information (PHI) that compromises its security or privacy. Such a disclosure is presumed to be a breach unless a risk assessment shows a low probability that the PHI was compromised.

Confirmed breaches trigger the Breach Notification Rule. Notably, properly encrypted PHI is considered "secured" and its exposure generally does not count as a reportable breach.

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