FTC Health Breach Proposal Could Create Confusion For HIPAA Entities

Medtech Insight followed up with Invitae’s Deven McGraw about further possible confusion that could be caused by the Federal Trade Commission’s proposed amendments to the Health Breach Notification Requirements (HBNR).

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Entities covered by the Health Insurance Portability and Accountability Act (HIPAA) may find confusion among the Federal Trade Commission’s Health Breach Notification Requirements (HBNR) proposed amendments, data privacy expert Deven McGraw said.

The amendments modify the definition of personal health record (PHR)-identifiable health information, “health care provider,” “health care services or supplies” and “PHR-related entity.” These changes could imply that HIPAA-covered entities may now fall under the scope of the amendments, while the original rule is meant only to apply to non-HIPAA entities

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