HIPAA Breach Notification & Response Services

When a breach is suspected, immediate forensic investigation is critical. Our Licensed Digital Forensic Examiner leads investigations that identify the scope, method, and timeline of the compromise while preserving evidence in a forensically sound manner that supports potential legal proceedings, regulatory investigations, and law enforcement referrals. We create forensic images of affected systems, analyze network logs and access records, identify the initial attack vector, determine the extent of unauthorized access, catalog the specific PHI records that were compromised, and establish a complete timeline of the incident.

Our forensic methodology follows established digital forensics standards including chain of custody documentation, write-blocking procedures, cryptographic hash verification, and detailed forensic reporting. This disciplined approach ensures that evidence is admissible in legal proceedings and satisfies OCR's expectations for thorough breach investigation. We also coordinate with law enforcement agencies when criminal activity is involved, including ransomware groups, insider threats, and organized cybercrime operations, while ensuring that law enforcement cooperation does not compromise your compliance obligations.

Not every security incident is a reportable breach under HIPAA. The Breach Notification Rule establishes a presumption that an impermissible use or disclosure constitutes a breach unless the covered entity demonstrates through a documented risk assessment that there is a low probability the PHI has been compromised. This risk assessment must evaluate four factors: the nature and extent of the PHI involved (including types of identifiers and the likelihood of re-identification), the unauthorized person who used the PHI or to whom the disclosure was made, whether the PHI was actually acquired or viewed, and the extent to which the risk to the PHI has been mitigated.

We conduct thorough, documented breach risk assessments that evaluate each of these four factors based on the facts of the incident. Our assessments are detailed enough to withstand OCR scrutiny and include specific findings, supporting evidence, and a clear determination of whether the incident constitutes a reportable breach. If the assessment demonstrates low probability of compromise, it provides the documentation needed to avoid notification obligations. If the incident does constitute a breach, the assessment documents the scope and nature of the breach to support accurate notification.

When a breach determination triggers notification obligations, we manage the entire notification process to ensure compliance with every requirement and deadline. Individual notification letters are drafted with all required content elements: a brief description of the breach including the date and date of discovery, the types of unsecured PHI involved, steps the individual should take to protect themselves, a description of what the organization is doing to investigate and mitigate the breach, and contact procedures for questions including a toll-free telephone number. We coordinate notification mailing, manage substitute notification for individuals with insufficient contact information, and establish call center support to handle patient inquiries.

For breaches affecting 500 or more individuals, we prepare and submit the HHS breach report through the OCR Breach Portal, coordinate prominent media notification as required, and manage the heightened public visibility that large breaches generate. For breaches affecting fewer than 500 individuals, we maintain the breach log and prepare the annual HHS report. We also manage notification obligations under applicable state breach notification laws, which may impose additional requirements beyond HIPAA — including shorter notification timelines and notification to state attorneys general.

Stopping an active breach requires rapid, decisive action. Our incident response team deploys containment measures designed to halt unauthorized access while preserving evidence and minimizing disruption to clinical operations. Containment strategies are tailored to the type of incident — ransomware requires network isolation and backup restoration, unauthorized access requires credential revocation and session termination, data exfiltration requires firewall rule implementation and data loss prevention activation, and insider threats require targeted access suspension with careful documentation.

Following containment, we conduct thorough threat eradication to remove all attacker presence from your environment. This includes malware removal, backdoor identification and elimination, compromised credential rotation, vulnerability patching, and security control hardening. We verify eradication through comprehensive scanning and monitoring before restoring normal operations. Our approach ensures that the threat is fully eliminated rather than merely suppressed, preventing attackers from re-establishing access through persistent mechanisms that survived initial containment.

OCR investigations following a breach almost always result in corrective action requirements. We develop comprehensive corrective action plans (CAPs) that address the root causes of the breach, implement specific remediation measures, and establish monitoring procedures to verify ongoing compliance. CAPs are structured to satisfy OCR expectations and typically include risk analysis updates, Security Rule safeguard implementations, policy revisions, workforce training, BAA reviews, and ongoing compliance monitoring with documented evidence of corrective measures.

Our corrective action plans are not generic checklists — they are tailored to the specific circumstances of the breach, the vulnerabilities that enabled it, and the regulatory deficiencies that OCR is likely to scrutinize. We include implementation timelines, designated responsible parties, evidence documentation requirements, and verification procedures for each action item. This level of detail demonstrates to OCR that your organization is committed to genuine remediation rather than superficial compliance gestures, which is a significant factor in penalty mitigation during enforcement negotiations.

The most effective breach response begins before a breach occurs. We develop comprehensive incident response plans that define roles and responsibilities, establish communication chains, document decision-making procedures for breach determination, outline containment and eradication strategies for common attack types, and provide templates for notification letters, HHS reports, and media statements. Plans are customized to your organization's size, structure, systems, and regulatory environment.

We conduct tabletop exercises that walk your leadership and response team through realistic breach scenarios — ransomware attacks, insider data theft, business associate breaches, lost devices, and phishing compromises. These exercises identify gaps in your response procedures, test communication chains, and build the muscle memory needed for effective real-world response. We also provide breach determination training that teaches your workforce how to identify potential breaches, report incidents through proper channels, and document events in a manner that supports the required risk assessment process.