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U.S. Health Information Technology for Economic and Clinical Health Act of 2009

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The Health Information Technology for Economic and Clinical Health Act, referred to as the HITECH Act, was enacted under the American Recovery and Reinvestment Act of 2009. The HITECH Act was created to promote the expanded use of electronic health records (EHRs). Along with increased adoption, the act anticipated an increase in security and privacy risks. As such, the HITECH Act extended HIPAA privacy protections by improving security and privacy protections for healthcare data by imposing tougher penalties for HIPAA compliance violations. Under the HITECH Act, maximum financial penalties were raised to $1.5 million per violation category, per year.

The HITECH Act also introduced a new HIPAA Breach Notification Rule. Under this rule, covered entities are required to disclose a breach of unsecured protected health information to affected parties within 60 days of discovery of the breach. In addition to notifying affected individuals, the Breach Notification Rule requires covered entities to report breaches affecting 500 or more people to the U.S. Department of Health and Human Services and a major media outlet servicing the jurisdiction of the affected parties.

The Official (ISC)2 CISSP CBK Reference

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