When HHS investigates a potential HIPAA breach, they do not just look at what happened. They look at how your practice responded. Was the incident documented immediately? Was a four-factor risk assessment performed? Were notification decisions made correctly and on time? Was there a corrective action plan?
Practices that cannot demonstrate a structured, documented response are treated as practices that did not respond at all. The absence of documentation is treated as the absence of HIPAA compliance.
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