Reporting incidents involving health information to the OCR depends on the belief of malicious use and confirmation of actual misuse.
Incidents involving health information that are impermissibly viewed but not confirmed may not need to be reported to the Office for Civil Rights if there is a reasonable belief that the information will not be used maliciously. However, it is crucial to understand that incidents should not only be reported after the PHI is actually used maliciously and there is proof of such use.
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