--- title: "45 CFR 164.410 HIPAA: Notification by a business associate" canonical: "https://dposchool.com/hipaa/section/164.410" source: "https://www.ecfr.gov/current/title-45/section-164.410" source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 45 CFR 164.410 HIPAA · Part 164: SECURITY AND PRIVACY · Subpart D: Notification in the Case of Breach of Unsecured Protected Health Information # 45 CFR 164.410 HIPAA: Notification by a business associate eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 45 CFR 164.410(a) **(a)** Standard—(1) General rule. A business associate shall, following the discovery of a breach of unsecured protected health information, notify the covered entity of such breach. #### 45 CFR 164.410(a)(2) **(2)** Breaches treated as discovered. For purposes of paragraph (a)(1) of this section, a breach shall be treated as discovered by a business associate as of the first day on which such breach is known to the business associate or, by exercising reasonable diligence, would have been known to the business associate. A business associate shall be deemed to have knowledge of a breach if the breach is known, or by exercising reasonable diligence would have been known, to any person, other than the person committing the breach, who is an employee, officer, or other agent of the business associate (determined in accordance with the Federal common law of agency). ### 45 CFR 164.410(b) **(b)** Implementation specifications: Timeliness of notification. Except as provided in § 164.412, a business associate shall provide the notification required by paragraph (a) of this section without unreasonable delay and in no case later than 60 calendar days after discovery of a breach. ### 45 CFR 164.410(c) **(c)** Implementation specifications: Content of notification. (1) The notification required by paragraph (a) of this section shall include, to the extent possible, the identification of each individual whose unsecured protected health information has been, or is reasonably believed by the business associate to have been, accessed, acquired, used, or disclosed during the breach. #### 45 CFR 164.410(c)(2) **(2)** A business associate shall provide the covered entity with any other available information that the covered entity is required to include in notification to the individual under § 164.404(c) at the time of the notification required by paragraph (a) of this section or promptly thereafter as information becomes available. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. Source credit: \[74 FR 42767, Aug. 24, 2009, as amended at 78 FR 5695, Jan. 25, 2013\] [45 CFR 164.410 on eCFR](https://www.ecfr.gov/current/title-45/section-164.410) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [HIPAA Navigator](https://dposchool.com/hipaa) / 45 CFR 164.410 Previous: [45 CFR 164.408 HIPAA: Notification to the Secretary](https://dposchool.com/hipaa/section/164.408) Next: [45 CFR 164.412 HIPAA: Law enforcement delay](https://dposchool.com/hipaa/section/164.412) ## For AI agents - Machine-readable index: https://dposchool.com/hipaa/llms.txt - JSON API: https://dposchool.com/hipaa/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents