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Secretary notification requirements

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In addition to notifying affected individuals and the media (where appropriate), providers must notify the Secretary of breaches of unsecured protected health information. Providers will notify the Secretary by visiting the HHS website and filling out and electronically submitting a breach report form. If a breach affects 500 or more individuals, providers must notify the Secretary without unreasonable delay and in no case later than 60 days following a breach. If, however, a breach affects fewer than 500 individuals, the provider may notify the Secretary of such breaches on an annual basis. Reports of breaches affecting fewer than 500 individuals are due to the Secretary no later than 60 days after the end of the calendar year in which the breaches are discovered.