In the event of a breach, who is responsible for notifying affected individuals under the HITECH Act?

The healthcare provider or entity that experiences the breach is responsible for notifying affected individuals under the HITECH Act. This regulation emphasizes the accountability of covered entities in the healthcare sector, ensuring they take proactive steps to inform individuals when their protected health information (PHI) has been compromised.

The intent behind this requirement is to empower individuals to take necessary actions to protect themselves, such as monitoring their health records or financial accounts for any suspicious activity. The responsibility falls on the entity since they are the ones who primarily manage and safeguard the sensitive information.

This provision reflects the overall goal of the HITECH Act, which is to enhance privacy and security protections for healthcare information and to improve the response mechanisms in the event of a data breach.