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Is every impermissible PHI disclosure a breach?

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  1. Presumed a breach unless a risk assessment shows low risk
  2. It is never a breach if it was an accident
  3. It is always a breach, with no exceptions

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References

  1. HHS Breach Notification Rule www.hhs.gov/hipaa/for-professionals/breach-notification/index.html Checked 2026-10-10.
  2. 45 CFR 164.414(b) (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-D/section-164.414 Checked 2026-10-10.

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