Under the HITECH Act, what is the key criterion for breach notification timing?

The correct answer is based on the requirement established by the HITECH Act that mandates covered entities notify affected individuals of a breach "without unreasonable delay." This criterion emphasizes the importance of timely communication, ensuring that individuals are informed of potential risks to their health information as soon as feasible while still allowing for necessary investigations into the breach's specifics.

This approach balances the urgency of informing affected individuals with the need for careful consideration and assessment of the breach circumstances, helping to ensure that notifications are accurate and complete when they are issued. Timeliness in notification helps individuals take protective measures against potential identity theft or misuse of their health information, which aligns with the fundamental objectives of the HITECH Act to enhance the protection of health information and respond quickly to security incidents.

In contrast, immediate notification could lead to issues if information about the breach is not fully verified, as it may result in misinformation being disseminated. Notification only if requested does not meet the proactive approach that the regulation encourages for the protection of individuals' rights. Limiting notifications to only business days introduces unnecessary delays, contrary to the goal of providing timely information to affected individuals.