Glossary

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Hawaii SB 2290

  • Description: Hawaii's SB 2290 (HRS §487N) mandates that entities notify residents and the Attorney General about security breaches that involve personal information.
  • Enacted and Enforced: Enacted on July 14, 2006, and enforced since January 1, 2008.
  • Impacts Data Types: PII, including SSNs, driver’s license numbers, and financial account numbers.
  • Examples: Leaked customer SSNs and stolen unencrypted backup tapes.
  • Potential Fines: Civil penalties can be up to $5,000 per violation.

Health Breach Notification Rule

  • Description: This HHS rule requires HIPAA-covered entities and their business associates to notify individuals, HHS, and the media about breaches of unsecured Protected Health Information (PHI).
  • Enacted and Enforced: Enacted on March 26, 2013, and enforced since September 23, 2009.
  • Impacts Data Types: Protected Health Information (PHI).
  • Examples: An unauthorized email containing patient records or lost unencrypted laptops.
  • Potential Fines: Up to $50,000 per violation, with an annual cap of $1.5 million.

HIPAA (Health Insurance Portability and Accountability Act)

  • Description: HIPAA establishes national standards to protect individuals’ medical records and health information through data privacy and security provisions.
  • Enacted and Enforced: Enacted on August 21, 1996, and enforced since April 14, 2003.
  • Impacts Data Types: PHI, which includes medical records, treatment information, and billing data.
  • Examples: Patient X-ray images and hospital billing files.
  • Potential Fines: Tiered fines ranging from $100 to $50,000 per violation, with a cap of up to $1.5 million per year.

HITECH (Health Information Technology for Economic and Clinical Health Act)

  • Description: The HITECH Act encourages the adoption of health information technology and reinforces the privacy and security provisions of HIPAA.
  • Enacted and Enforced: Enacted on February 17, 2009, and enforced since February 17, 2010.
  • Impacts Data Types: Electronic PHI (ePHI).
  • Examples: Electronic health record backups and e-prescribing logs.
  • Potential Fines: Enhanced penalties of up to $50,000 per violation, with an annual cap of $1.5 million.
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