![]() ![]() These definitions are still broad, but they are getting us closer to the path we need to follow. Other programs and processes that address cybersecurity and are developed, recognized, or promulgated through regulations under other statutory authorities.The approaches promulgated under §405(d) of the Cybersecurity Act of 2015 and.The standards, guidelines, best practices, methodologies, procedures, and processes developed under Section 2(c)(15) of the National Institute of Standards and Technology (NIST) Act.Now, you can look to the HIPAA Safe Harbor law to do a HIPAA risk assessment at least once a year because the Safe Harbor law is looking for “recognized security practices” in place for 12 months.įortunately, we get some type of definition from the Public Law 116-321 of the 116th Congress as to what “recognized security practices” are: ![]() HIPAA specifies a risk assessment must be performed on a periodic basis however, it does not specify what periodic means. This helps indirectly define how frequently an organization should perform a HIPAA risk assessment. The bill does not require you to implement “recognized security practices.” Instead, it puts into law that the Office for Civil Rights (OCR), which is authorized to impose fines, must start by looking back 12 months for documentation demonstrating “Recognized Security Practices” were in place. The law does specify three favorable outcomes of mitigating fines, early favorable termination of an audit, and mitigating the remedies that would otherwise be agreed to in an agreement resolving potential HIPAA violations. It does give the possibility of better outcomes plus, it can strengthen your cybersecurity posture. However, it does not completely protect the organization from getting hit with costly audits or fines. This HIPAA Safe Harbor law acknowledges that good things happen to the best of us. This is where the HIPAA Safe Harbor law comes into play. With this, there are continued efforts to provide more incentives and guidance, e.g., 405(d) task force, instead of sticks and fines. However, with the value of electronic protected health information (ePHI), the stakes and challenges only increase. 3Ī strong cybersecurity posture is difficult in the best of industries for small, medium, and even large organizations. Not only does this impact large organizations, but 63% of small to medium organizations reported a data breach. There are many obstacles, especially with small and medium businesses that cite having insufficient personnel, an insufficient budget, a lack of understanding how to protect against cyberattacks, insufficient enabling technologies, and lack of in-house expertise-all noted as the top five reasons for the lack of a good cyber posture. In another study, the average healthcare data breach cost $10.1 million, and 83% of organizations that were mentioned in the study have experienced more than one data breach. According to one study, the average cost was $182,000 for a small to medium healthcare organization and $3.4 million for a large healthcare organization. What is holding organizations back from achieving a strong cybersecurity posture in a healthcare environment? It is not a lack of cost from a breach. ![]()
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