Title: Temporary Breach Notification Requirement for Vendors of Personal Health Records and Other Non-HIPAA Covered Entities |
Abstract: Section 13407 of the American Recovery and Reinvestment Act of 2009 requires that the Commission issue temporary breach notification requirements for vendors of personal health records and third parties that offer products or services through the websites of vendors of personal health records. These entities are generally not covered by the Health Insurance Portability and Accountability Act (HIPAA). The notification requirements for these entities are triggered when there is a breach of security with respect to individually identifiable health information contained in a personal health record. The Commission published an NPRM on April 20, 2009, and sought comments at that time. The Commission announced an interim final rule on August 17, 2009. 74 FR 42962. The interim rule provision as issued will be effective until Congress enacts new legislation implementing any recommendations contained in a separately required report by the Commission and the Department of Health and Human Services which is due on February 19, 2010. |
Priority: Other Significant | Agenda Stage of Rulemaking: Completed Action |
Major: No | Unfunded Mandates: No |
CFR Citation: To be codified at 16 CFR 318
(To search for a specific CFR, visit the
Code of Federal Regulations
)
|
Legal Authority: sec 13407 of the American Recovery and Reinvestment Act of 2009 |
Legal Deadline: |
| Action | | Source | | Description | | Date |
| Other
| | Statutory
| | Interim Final Regulations
| | 08/18/2009
|
|
Timetable: |
|
Action
| |
Date
| |
FR Cite
|
| NPRM
| | 04/20/2009
| | 74 FR 17914
|
| NPRM Comment Period End
| | 06/01/2009
| |
|
| Interim Final Rule
| | 08/25/2009
| | 74 FR 42962
|
|
Regulatory Flexibility Analysis Required: No | Government Levels Affected: State |
Small Entities Affected: Business; Governmental Jurisdictions; Organizations | Federalism: No |
Energy Affected: No |
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
|
Agency Contact: Maneesha Mithal Staff Attorney Federal Trade Commission 600 Pennsylvania Avenue NW Washington
,
DC
20580
Phone:
202 326-2771
E-Mail:
mmithal@ftc.gov
|