# HIPAA 164.404(a) — Notice to Individuals

- Source: https://support.icompaas.com/support/solutions/articles/a_gen_hipaa_164404a_cc0da847ea-hipaa-164404a-notice-to-individuals
- Section: [Solutions](https://support.icompaas.com/support/solutions) › [HIPAA Readiness](https://support.icompaas.com/support/solutions/62000039493) › [Breach Notification Rule](https://support.icompaas.com/support/solutions/folders/f_gen_62000039493_breachnotificationrule)
- Last updated: 2026-05-30
- Publisher: iCompaas, Inc. (https://www.icompaas.com)

HIPAA · Control 164.404(a) · Priority: medium · Component: Breach Notification Rule

### What this control covers

Notice to Individuals. A covered entity shall, following the discovery of a breach of unsecured protected health information, notify each individual whose unsecured protected health information has been, or is reasonably believed by the covered entity to have been, accessed, acquired, used, or disclosed as a result of such breach. (2) Breaches treated as discovered. For purposes of paragraph (a)(1) of this section, 164.406(a), and 164.408(a), a breach shall be treated as discovered by a covered entity as of the first day on which such breach is known to the covered entity, or, by exercising reasonable diligence would have been known to the covered entity. A covered entity shall be deemed to have knowledge of a breach if such breach is known, or by exercising reasonable diligence would have been known, to any person, other than the person committing the breach, who is a workforce member or agent of the covered entity (determined in accordance with the federal common law of agency).

### Why it matters

Risk is the language an executive team understands; this control connects technical reality to board-level decisions and budget allocation.

### How to implement

#### AWS

Codify the policy intent as **SCPs, AWS Config conformance packs, and Security Hub standards** so the cloud enforces what the document says.

#### Azure

Codify in **Azure Policy initiatives** (built-in regulatory compliance for CIS, ISO 27001, SOC 2, HIPAA) and assign at management-group level.

#### On-premises

Maintain a policy library with a documented review cadence (annual minimum); store in your GRC tool with attestation tracking. Map each policy to controls so an audit pull cites the exact policy clause.

### Evidence to collect

-   `policy_document` — A signed, version-controlled policy stating leadership intent and the named owner.

Signed policy or standard documents the safeguard. Focus: Notice to Individuals.

### Quick checklist

-   Workforce — Management / Individuals
-   Information — Management / Individuals
-   Person — Management / Individuals
-   Other — Management / Individuals
-   Policy — Management / Individuals
-   Notice — Management / Individuals

### Related articles on this site

-   [164.312(c)(2) - Mechanism to authenticate electronic protected health information](https://support.icompaas.com/support/solutions/articles/62000230567-164-312-c-2-mechanism-to-authenticate-electronic-protected-health-information)
-   [Ensure that 'Notify about alerts with the following severity' is set to 'High'](https://support.icompaas.com/support/solutions/articles/62000219764-ensure-that-notify-about-alerts-with-the-following-severity-is-set-to-high-)
-   [CMMC 2.0 PE.1.131 Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.](https://support.icompaas.com/support/solutions/articles/62000229653-cmmc-2-0-pe-1-131-limit-physical-access-to-organizational-information-systems-equipment-and-the-res)
-   [HIPAA 164.308(a)(4)(i) Information Access Management](https://support.icompaas.com/support/solutions/articles/62000230524-hipaa-164-308-a-4-i-information-access-management)

## Related compliance guidance

- [HIPAA compliance for SaaS: a practical implementation guide](https://support.icompaas.com/compliance/hipaa): The Security Rule safeguards this readiness item belongs to, with a phased implementation roadmap and the evidence OCR expects.
- [SOC 2 compliance: a practical implementation guide for cloud-native SaaS teams](https://support.icompaas.com/compliance/soc-2-trust-services-criteria): Most healthcare customers ask for a SOC 2 report alongside HIPAA assurances; the two share most technical controls.