HIPAA and New York Health Privacy and Breach Laws

New York tightened its breach law in 2024 and 2025. Practices now have a hard 30-day deadline to notify New Yorkers, medical and health insurance information is covered, and every breach reported to HHS also triggers notice to the New York attorney general.

AT A GLANCE

New York breach law for healthcare

LawsGeneral Business Law § 899-aa (breach notification, amended December 2024 and 2025); SHIELD Act security requirements, § 899-bb; hospital cybersecurity rule, 10 NYCRR 405.46
Data coveredIncludes medical information and health insurance information since March 21, 2025
Notice to individualsIn the most expedient time possible, and no later than 30 days after discovery
State agenciesIf any New York resident is notified, also notify the attorney general, the Department of State and the State Police
HIPAA entitiesA HIPAA notice to patients satisfies individual notice. A covered entity that reports a breach to HHS must also notify the attorney general within five business days
Security ruleThe SHIELD Act requires reasonable safeguards. Entities that comply with HIPAA are deemed compliant with it
PenaltiesFor knowing or reckless violations, the greater of $5,000 or up to $20 per failed notification, capped at $250,000. No private right of action

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What this means for your practice

  • 30 days is now the hard deadline for notifying New York patients, half of HIPAA's.
  • Every HHS breach report means a New York attorney general notice within five business days.
  • Hospitals must also report cybersecurity incidents to the Department of Health within 72 hours under 10 NYCRR 405.46. Hospital partners may push similar terms into vendor and affiliate contracts.

FAQ

Frequently asked questions

How fast must New York practices notify patients?

No later than 30 days after discovering a breach, in the most expedient time possible.

Who do we notify in New York besides patients?

The attorney general, the Department of State and the State Police. HIPAA entities that report to HHS must notify the attorney general within five business days.

Does the New York hospital cybersecurity rule apply to practices?

10 NYCRR 405.46 applies to general hospitals, not independent medical or dental offices, though hospital partners may require similar controls by contract.

Sources: N.Y. GBL 899-aa (FindLaw) · Ogletree: New York amendments · NY DOH: hospital cybersecurity. This page is general information about the law as of November 2026, not legal advice. Statutes change, so confirm current requirements with your attorney.

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