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Governance, Risk, Audit & Privacy · Intermediate

HITECH Act

Health Information Technology for Economic and Clinical Health Act of 2009, strengthening HIPAA enforcement and breach notification.

Definition

HITECH promoted EHR adoption, extended Security Rule obligations and liability to business associates, created breach notification requirements, increased civil penalties into tiers, and gave state attorneys general enforcement authority. A 2021 amendment requires HHS to consider recognized security practices when determining penalties.

Example

After HITECH, a billing vendor faced direct OCR penalties for a breach.

Exam tip

HITECH introduced breach notification and BA direct liability.

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