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HIPAA BREACH NOTIFICATION LETTER

NOTICE OF DATA BREACH INVOLVING PROTECTED HEALTH INFORMATION


SENDER INFORMATION

Covered Entity Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Contact Person: [________________________________]

Title: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Toll-Free Number: [________________________________]


RECIPIENT INFORMATION

Date of Notice: [__/__/____]

Recipient Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]


IMPORTANT NOTICE REGARDING YOUR PROTECTED HEALTH INFORMATION

Dear [________________________________]:

We are writing to inform you of an incident that may have affected the privacy and security of your protected health information (PHI). We take the protection of your information very seriously and are providing this notice in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act.


SECTION 1: DESCRIPTION OF THE BREACH

What Happened

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Date of Breach

Date the breach occurred: [__/__/____]

Date the breach was discovered: [__/__/____]

How the Breach Was Discovered

[________________________________]
[________________________________]
[________________________________]


SECTION 2: TYPES OF INFORMATION INVOLVED

The following types of protected health information may have been accessed, acquired, used, or disclosed as a result of this breach:

☐ Full Name
☐ Date of Birth
☐ Social Security Number
☐ Address
☐ Phone Number
☐ Email Address
☐ Medical Record Number
☐ Health Insurance Information
☐ Account Number
☐ Diagnosis/Condition Information
☐ Treatment Information
☐ Prescription Information
☐ Laboratory Results
☐ Clinical Notes
☐ Financial Information
☐ Credit/Debit Card Information
☐ Driver's License Number
☐ Other: [________________________________]


SECTION 3: STEPS YOU SHOULD TAKE TO PROTECT YOURSELF

We recommend you take the following steps to protect yourself from potential harm:

Monitor Your Accounts

☐ Review statements from your health insurer and healthcare providers for any services you did not receive
☐ Monitor your credit reports for any unusual activity
☐ Review your Explanation of Benefits (EOB) statements carefully

Credit Monitoring and Fraud Protection

☐ Consider placing a fraud alert on your credit files
☐ Consider placing a credit freeze (security freeze) on your credit reports
☐ Request a free credit report from each of the three major credit bureaus

Credit Bureau Contact Information:

Bureau Phone Website
Equifax 1-800-525-6285 www.equifax.com
Experian 1-888-397-3742 www.experian.com
TransUnion 1-800-680-7289 www.transunion.com

Report Suspected Identity Theft

If you believe you are the victim of identity theft or medical identity theft:

☐ File a report with the Federal Trade Commission (FTC) at www.identitytheft.gov or call 1-877-438-4338
☐ File a police report with your local law enforcement agency
☐ Contact your healthcare providers to review your medical records for any inaccuracies

Complimentary Services Offered

[________________________________] is offering the following complimentary services to affected individuals:

☐ Credit monitoring service for [____] months
☐ Identity theft protection service for [____] months
☐ Identity restoration services
☐ Other: [________________________________]

To enroll in these services:

Enrollment deadline: [__/__/____]

Enrollment website: [________________________________]

Enrollment code: [________________________________]

Enrollment phone number: [________________________________]


SECTION 4: WHAT WE ARE DOING

Investigation Actions

☐ Conducted a thorough investigation of the incident
☐ Engaged third-party forensic experts to assist with the investigation
☐ Determined the scope and nature of the breach
☐ Notified law enforcement agencies
☐ Reported the breach to the U.S. Department of Health and Human Services

Remediation and Prevention Measures

We have taken or are taking the following steps to prevent future incidents:

☐ Enhanced security measures and controls
☐ Implemented additional technical safeguards
☐ Provided additional training to workforce members
☐ Reviewed and updated policies and procedures
☐ Strengthened access controls
☐ Other measures: [________________________________]


SECTION 5: CONTACT INFORMATION

If you have questions about this incident or would like additional information, please contact us using the following methods:

Dedicated Hotline: [________________________________]

Hours of Operation: [________________________________]

Email: [________________________________]

Mailing Address:
[________________________________]
[________________________________]
[________________________________]

Website for Updates: [________________________________]


SECTION 6: ADDITIONAL INFORMATION

Your Rights

Under HIPAA, you have the right to:

  • Request a copy of your medical records
  • Request an amendment to your medical records if you believe they contain errors
  • Request an accounting of disclosures of your PHI
  • File a complaint with our Privacy Officer or the U.S. Department of Health and Human Services

Filing a Complaint

If you believe your privacy rights have been violated, you may file a complaint with:

Our Privacy Officer:
[________________________________]
[________________________________]
[________________________________]

U.S. Department of Health and Human Services
Office for Civil Rights
200 Independence Avenue, S.W.
Washington, D.C. 20201
www.hhs.gov/ocr/privacy/hipaa/complaints/


CLOSING

We sincerely regret any inconvenience or concern this incident may cause you. Protecting the privacy and security of your information is a top priority, and we are committed to maintaining your trust.

Sincerely,

[________________________________]
Signature

[________________________________]
Printed Name

[________________________________]
Title

[__/__/____]
Date


INTERNAL USE ONLY - DO NOT INCLUDE IN MAILED NOTICE

Notification Tracking

Individual Notification:
- Date sent: [__/__/____]
- Method: ☐ First-class mail ☐ Email (with consent) ☐ Substitute notice
- Tracking number: [________________________________]

Media Notification (if applicable - breaches affecting 500+ residents of a state):
- Required: ☐ Yes ☐ No
- Date sent: [__/__/____]
- Media outlets notified: [________________________________]

HHS Secretary Notification:
- Date submitted: [__/__/____]
- Breach portal submission ID: [________________________________]

State Attorney General Notification (if required):
- States notified: [________________________________]
- Date(s) sent: [__/__/____]


SOURCES AND REFERENCES

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HIPAA BREACH NOTIFICATION LETTER

GENERAL TEMPLATE


Effective Date: [DATE]
Party A: [PARTY A NAME]
Address: [PARTY A ADDRESS]
Party B: [PARTY B NAME]
Address: [PARTY B ADDRESS]
Governing Law: [GOVERNING STATE]

This document is entered into by and between [PARTY A NAME] and [PARTY B NAME], effective as of the date set forth above, subject to the terms and conditions outlined herein and the laws of [GOVERNING STATE].
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