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Posted

No, though I would flip the question -- is there any reason why the Notice can't also be an SMM?  Beyond making sure you designate the communication as an SMM, I can't think of any change to the notice you would do to make it do double duty as the SMM.

Posted

Ha, I've taken both positions!  Also Derrin Watson recommended just writing "This SMM is intended to provide updates to the Safe Harbor Notice" or something to that affect to make it clear that it was fulfilling both requirements.

Austin Powers, CPA, QPA, ERPA

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