State law data breach notification updates

All 50 states now have a separate privacy law. South Dakota and Alabama are the final two states to enact data breach notification laws. Other states like North Carolina are proposing to update their requirements that only allow 15 days to notify in the event of a data breach.

Although medical practices must adhere to the Federal HIPAA law guidelines, if your state law is more stringent state law will supersede federal notification requirements. You may also be required to notify your state officials or the credit reporting agencies. Know your state law!

Lastly, know where your patients or customers are located. Even if you are in a different state but you have their data, you must follow THEIR state privacy law. If you have any international patients or customers, be sure to understand how the GDPR will affect your organization. Then you must update your privacy policy within your office.

The link below lists the state and the statutes. Only a couple of the states have live links. If you want more information you will need to copy and paste in to Google.
http://www.ncsl.org/research/telecommunications-and-information-technology/2018-security-breach-legislation.aspx

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About Suze Shaffer

Suze Shaffer is the owner and president of Aris Medical Solutions. She specializes in HIPAA compliance, risk management, and cyber security. She believes that by educating her clients in understanding why and what needs to be done to protect their practice they have a better outcome.

Suze has been instrumental in helping clients nationwide with risk management, implementing privacy and security rule policies and procedures, and ultimately protecting patient data. She includes state and federal regulatory requirements to ensure clients are protected in all areas.

She has spoken at numerous conferences and functions. She continues to educate organizations how to minimize the risks of data breaches. HIPAA compliance is not an option, it is mandatory for every organization that comes in contact with protected health information to have reasonable and appropriate security measures in place. Unfortunately, most organizations don’t realize they are not compliant until they suffer a data breach or they are faced with an audit or investigation.

Did you know that the Office for Civil Rights (OCR) is the agency that investigates data breaches? Have you seen the heavy fines that have been imposed for non-compliance?

All 50 states now have their own set of privacy laws and the State's Attorney General may also investigate privacy violations!

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