Decision Point: Flowchart 12 depicts the analysis required to determine when HHS is to be notified. The determination of when to notify HHS is dependent on the number of individuals impacted. Whenever the number of individuals impacted is 500 or more then the notification to HHS is required to be “without unreasonable delay” and no later than 60 days after the discovery of the breach. A breach impacting 500 or more individuals results in a posting on HHS’ website, otherwise known as “the wall of shame.”
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