Code of Federal Regulations (Last Updated: February 15, 2024) |
Title 45 - Public Welfare |
Subtitle A - Department of Health and Human Services |
SubChapter C - Administrative Data Standards and Related Requirements |
Part 164 - Security and Privacy |
Subpart D - Notification in the Case of Breach of Unsecured Protected Health Information |
§ 164.414 - Administrative requirements and burden of proof.
Latest version.
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§ 164.414 Administrative requirements and burden of proof.
(a) Administrative requirements. A covered entity is required to comply with the administrative requirements of § 164.530(b), (d), (e), (g), (h), (i), and (j) with respect to the requirements of this subpart.
(b) Burden of proof. In the event of a use or disclosure in violation of subpart E, the covered entity or business associate, as applicable, shall have the burden of demonstrating that all notifications were made as required by this subpart or that the use or disclosure did not constitute a breach, as defined at § 164.402.