In a sample letter AHA released as a guide for hospitals, the AHA says a “risk of harm” trigger is consistent with the statuary language of the HITECH act, which “contemplates the need to determine whether there is a risk of harm to an individual from the breach.”
Comments on the final rule are due to HHS by Oct. 23.
Read the AHA’s release about the risk of harm trigger to breach notification.
Read the AHA’s sample letter.