Upcoming Health Privacy Proposal Could Be Tough to Implement

An upcoming proposal to share the proceeds of health-care data breach settlements with affected individuals could prove challenging for the government to implement.

The proposal would involve sharing a percentage of penalties paid by organizations responsible for data breaches with patients who had their records compromised.

Determining who is directly harmed by a data breach and how much they should be paid is a complex question and will pose an administrative challenge for the government, Andrea L. Frey, a health-care attorney with Hooper, Lundy & Bookman PC in San Francisco, told Bloomberg Law.

The proposed rule from the Health and ...