Bass, Berry & Sims attorney Elizabeth Warren authored an article outlining how healthcare organizations can respond to a data breach of medical records. While there are specific steps that organizations should follow after a breach has occurred, as Elizabeth points out in the article, “[t]he first step comes before a breach is even detected: Planning how an organization will respond saves critical time when a privacy or security incident is discovered.” However, even with all the best possible planning, a data breach still may occur. Once a breach is detected, Elizabeth provides some fundamental steps for the organization to follow:

  1. Stop the breach
  2. Gather the facts surrounding the breach
  3. Notify affected individuals of the breach – be mindful of different federal and state deadlines
  4. Notify the U.S. Department of Health and Human Services’ Office for Civil Rights
  5. Prepare any public notification about the breach
  6. Implement corrective measures to prevent future breaches

The full article, “Medical Records are Special; Protection Efforts Must Be, Too,” was published by The Tennessean on June 7, 2016, and is available online.