Welcome to the Future!
Health Data breach suit, CareFirst, is heading to the US Supreme Court, and setting up the standards for what injuries are necessary for a data security claim.
The Appellate Court found that “that CareFirst failed to properly secure their data and thereby subjected them to a substantial risk of identity theft…we have little difficulty concluding that their injury in fact is fairly traceable to CareFirst,”
Code words for legislative drafters: fairly traceable
Previously on informed:intel we read about Maryland’s updated data security bill from 2017, but let’s shift our focus to the inclusion of HIPPA requirements.
Maryland’s state data breach law will include this personal information colelcted by HIPAA covered entities:
WHO: ECRI Institute annual health technology hazards list
WHAT: #1 concern is data security. #2 concern is endoscope reprocessing failures #3 Alert fatigue
WHY: A May WannaCry cyberattack on UK hospitals shut down all medical equipment except emergency services.
Health Care IT | ECRI: Cybersecurity tops 2018 health technology hazards
In the Cybersecurity Act of 2015, Congress created the Health Care Industry Cybersecurity Task Force.
6 “critical” recommendations were offered:
Define and streamline leadership, governance, and expectations for health care industry cybersecurity.
Increase the security and resilience of medical devices and health IT.
Develop the health care workforce capacity necessary to prioritize and ensure cybersecurity awareness and technical capabilities.
Increase health care industry…
465,000 pacemakers are under voluntary recall for security issues that could allow a cybersecurity breach that would allow a 3rd party to :
No known cybersecurity issues with the pacemakers are known.
Regulatory Affairs Professionals Society | Abbott Recalls 465,000 Pacemakers for Cybersecurity Patch
Maryland is offering its Medicaid patients a Telehealth App with these policy goals:
State Government Tech | Maryland Offers Medicaid Users Free Telemedicine App
71 % of health care organizations budget for cyber security
The majority say cybersecurity is more than 3% of their budget
A majority have hired a chief information security officer or other executive level cybersecurity position
75% do regular cybersecurity testing
80% of US healthcare orgnaizations will increase cybersecurity spending in 2017
Healthcare Dive | HIMSS survey: Hospitals ramping up cybersecurity efforts
Yes, the California Supreme Court held that the California Medical Board can access private patient records in the state prescription database because the state interest in regulating potent prescription drugs and protecting patients from negligent doctors.
Access to patient records + Texas Medical Board Sunset Review = Patient Privacy vs. State Interest Amendments
Law 360 | Calif. Justices OK Medical Board’s Access To Rx Database
The 2016-2017 Chair of the National Governor Association, Virginia Governor Terry McAuliffe, explains that cyber security directly impacts these policy areas and businesses:
National Governors Association is pushing for state reform of cyber security laws because:
The National Governor’s Association initiative, Meet the Threat, calls for: