Earlier this month, New Mexico became the forty-eighth state to enact a data breach notification law. Only Alabama and South Dakota remain without such requirements. The Data Breach Notification Act goes into effect on July 1, 2017. Organizations that are subject to the requirements of the HIPAA breach notification standards are exempt from the statute.
CynergisTek is alerting you to a number of changes the Centers for Medicare & Medicaid Services (CMS) is proposing to the requirements of the EHR Incentive Program that would apply to the program in either 2017 or 2018. The changes to the EHR Incentive Program, which would primarily apply to hospitals, are contained in a proposed rule, Medicare Program: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System and Proposed Policy Changes and Fiscal Year 2018 Rates, which is due to be published in the Federal Register on April 28th. The publication of the 2015 MU proposed rule in the Federal Register will start the customary 60-day public comment period which would be scheduled to end June 27, 2017.
The US Department of Health and Human Services (HHS), Office for Civil Rights (OCR), published an advisory in the March issue of its “Cybersecurity Newsletter” warning of a well-known attack method known as the man-in-the-middle (MitM) attack. This type of attack is used by attackers to, exactly as it sounds, become a man in the middle of a secure connection. So, while the victim thinks they are connecting to their destination website (e.g. bank, social media, email, etc), the attacker is taking over the connection and can see any data “in the clear” before it is forwarded on to the actual destination.
While researching future blog post topics, I discovered that many people are searching on Google in the hopes of better understanding the benefits of having a penetration test done. This is a great question, and it is especially important to understand the answer even if your organization is not governed by regulatory or compliance requirements to have a penetration test done. There are plenty of reasons to conduct a pen test, or red team assessment, on your organization’s technical environment.
Most healthcare organizations today have a compliance program, but how many can say the program is effective and more importantly feel confident they could demonstrate effectiveness? It is not uncommon to hear, “I cannot define effectiveness but I know it when I see it.” Why is this important? All compliance professionals know having a paper compliance program (compliance plan that sits on the shelf along with well drafted but not implemented policies and procedures) is not effective. But as one assesses what an organization is doing as it relates to the seven elements of an effective compliance program based on the Federal Sentencing Guidelines and all the various OIG compliance program guidance documents, the process gets more convoluted. How much is enough, and do you just want to do “the bare minimum”?
Covered entities deal with many complex privacy and information security issues, but institutions that conduct research have an additional level of complexity. Key to understanding the implications of privacy obligations in research is understanding the multiple regulations that could apply to human subject research.
It is said that the only two certainties in life are death and taxes. If you are a HIPAA covered entity, you can add reporting breaches of unsecured protected health information (PHI) to the Department of Health and Human Services (HHS), Office for Civil Rights (OCR). For breaches involving less than 500 individuals, the Breach Notification Rule requires a covered entity to submit information to HHS at least annually through OCR’s breach reporting portal on the HHS website. For the 2016 calendar year the deadline for reporting breaches affecting fewer than 500 individuals is March 1, 2017.
CynergisTek's Senior Penetration Tester John Nye provides a preview of his HIMSS17 hacker demos, "Wireless Worries", "Mobile Devices and Portable Hacks", and "The Problem with Wetware."
On February 1, 2017, OCR announced that it levied a $3.2 million civil money penalty against Children’s Medical Center of Dallas (Children’s). The enforcement action ends a nearly six-year long investigation into Children’s health information privacy and security practices.
2017 is here, and, like any new year, promises both opportunities and challenges. The question is, what will we do with it? Will it be a year of great progress, one of marking time, or worse yet one of falling further behind? Meeting the cybersecurity challenges of the future is a job for leaders. There should be no doubt that healthcare institutions are under attack on a regular basis now from external threats, while continuing to face the insidious abuse of insiders. As the old saying goes, “they have it coming and going.”