A breach is, generally, an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information. An impermissible use or disclosure of protected health information is presumed to be a breach unless the covered entity or business associate, as applicable, demonstrates that there is a low probability that the protected health information has been compromised based on a risk assessment.
To begin to understand a HIPAA violation we must clarify the meaning of a violation. If we review definitions, we will find that a violation is a breach, infringement, or transgression, as of a law, rule, promise, etc. This is clear enough for most of us to understand. Next, we [...]