62wa

    On page 1, line 6, of the printed bill, after "the" insert "unauthorized".

    On page 1, line 7, delete "an unauthorized" and insert "any".

    On page 1, line 15, delete "and" and insert "or".

    On page 2, delete line 13.

    On page 2, delete line 14, and insert: "

            (d)    Health information as defined in 45 CFR 160.103; or".

    On page 2, line 15, delete "(f)" and insert "(e)".

    On page 3, line 10, delete "or notification" and insert "by or notification to an information holder".

    On page 3, line 14, delete "forty-five" and insert "sixty".

    On page 5, after line 13, insert:

"    Section 8. That chapter 22-40 be amended by adding a NEW SECTION to read:

    Notwithstanding any other provisions in this Act, any information holder that is regulated by federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq., as amended) and that maintains procedures for a breach of system security pursuant to the laws, rules, regulations, guidance, or guidelines established by its primary or functional federal regulator is deemed to be in compliance with this chapter if the information holder notifies affected South Dakota residents in accordance with the maintained procedures when a breach of system security occurs.".