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FTC RIN: 3084-AB17 Publication ID: Spring 2009 
Title: ●Temporary Breach Notification Requirement for Vendors of Personal Health Records and Other Non-HIPAA Covered Entities 
Abstract: Section 13407 of the American Recovery and Reinvestment Act of 2009 requires that the Commission issue temporary breach notification requirements for vendors of personal health records and third parties that offer products or services through the websites of vendors of personal health records. These entities are generally not covered by the Health Insurance Portability and Accountability Act (HIPAA). The notification requirements for these entities are triggered when there is a breach of security with respect to individually identifiable health information contained in a personal health record. The Commission published an NPRM on April 20, 2009, and is seeking comments at that time. The interim final rule must be issued by August 18, 2009. The interim rule provision as issued will be effective until Congress enacts new legislation implementing any recommendations contained in a separately required report by the Commission and the Department of Health and Human Services which is due on February 19, 2010. 
Agency: Federal Trade Commission(FTC)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: To be codified at 16 CFR 318     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Sec 13407 of the American Recovery and Reinvestment Act of 2009   
Legal Deadline:
Action Source Description Date
Final  Statutory  Interim Final Regulations  08/18/2009 
Timetable:
Action Date FR Cite
NPRM  04/20/2009  74 FR 17914   
NPRM Comment Period End  06/01/2009    
Interim Final Rule  08/00/2009    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Maneesha Mithal
Staff Attorney
Federal Trade Commission
600 Pennsylvania Avenue NW,
Washington, DC 20580
Phone:202 326-2771
Email: mmithal@ftc.gov