How is a breach defined under HIPAA?

A breach under HIPAA is defined specifically as an impermissible use or disclosure of protected health information (PHI) that compromises the security or privacy of that information. This definition encompasses situations where PHI is accessed, shared, or exposed without proper authorization or safeguards, ultimately leading to the potential for harm to an individual's privacy or the integrity of their sensitive data.

The definition is critical because it establishes the threshold for what constitutes a regulatory incident that requires attention and, in many cases, notification to affected individuals and the Department of Health and Human Services (HHS). Factors such as the nature and purpose of the use or disclosure, the identity of the individuals involved, and whether the information was actually compromised are considered when determining if a breach has occurred.

In contrast, a minor administrative error would not typically rise to the level of a breach since it often does not compromise PHI. A planned audit of PHI is a routine compliance and evaluation activity aimed at ensuring data integrity and security, which would not be classified as a breach. Lastly, sharing information among healthcare providers in accordance with HIPAA regulations is allowed as it falls under permitted uses of PHI for treatment, payment, and healthcare operations. Thus, the focus on unauthorized disclosures in the correct definition