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CYBERSECURITY LAW IN PROTECTING HEALTH

In today’s digital world, protecting healthcare information is crucial, as organisations use various specialised systems like electronic health records, e-prescribing systems, practice management support systems, clinical decision support systems, radiology information systems, and

INTRODUCTION

In today’s digital world, protecting healthcare information is crucial, as organisations use various specialised systems like electronic health records, e-prescribing systems, practice management support systems, clinical decision support systems, radiology information systems, and computerised physician order entry systems, along with numerous connected devices such as smart elevators, HVAC (heating, ventilation, and air condition) systems, infusion pumps, and remote patient monitoring devices. Healthcare organizations are prime targets for cyberattacks due to the valuable and sensitive nature of the data they handle. From personal patient information to operational continuity ensuring Robust cyber security measures are crochet.[1] Protecting devices like the Internet of Things (IoT) have revolutionized healthcare, but they also present new vulnerabilities. Internet of Things medical devices such as insulin pumps and heart monitors, need stringent protocols. Healthcare organizations are prime targets for cyberattacks due to the valuable and sensitive nature of the data they handle from personal patient information to operational continuity ensuring robust cyber security measures.

  1. Regular Software

Software update means which is low that low state that medical device manufacturers must demonstrate their technology security so it should be maintained throughout usable life which means producing regular software updates of their connectable medical devices and also ensuring all devices have the latest firmware and software updates to protect against known vulnerabilities.

  1. Network Segmentation

Network segmentation means isolating medical devices on a separate network to minimize the impact of a potential breach. Because of all the connected devices that can make up a clinical workflow network segmentation, it will be the focus of soil cyber security strategies in healthcare and also zero trust architecture continuously to gain traction in the industry

  1. Strong authentication

Strong authentication means implementing multi-factor authentication for assessing medical devices to prevent unauthorized devices additionally, third-party vendors should be required to have stringent measures in place, including multi-factor authentication regular audits should be conducted to ensure that meets security standards so that strong authentication should be able to implement protocols and data encryption to prevent unauthorized access

  1. Emerging Cybersecurity Trends

Cyber security trends emerging in the healthcare soul in the latest data and evolving threats vulnerabilities and protective measures that help care organizations are facing. So, these emerging cyber security trends are due to technological advancement changes in regulatory requirements, and increased sophistication of cyberattacks. For example, ransomware, cloud security, artificial intelligence (AI) and machine learning (ML) supply chain security, and insider threats are the things that help or risk mitigation healthcare organizations can implement preventive measures to protect sensitive data and systems and also such as HIPAA impose strict cyber security requirement it will help to organization stay compliant.

HIPAA (Health Insurance and Portability and Accountability Act)

The Health Insurance and Accountability Act of 1996[2] The Privacy Rules address the use and disclosure of individual health information, also known as protected health information. As a result, an organization may be subject to the Privacy Rule known as entities, which is a good standard individual privacy right to understand and control how their health information is used. The HIPAA Act of 1996 established the standards for protecting patient information in the United States. To deliver and promote high-quality healthcare that will improve your public health and well-being, these privacy regulations primarily aim to secure individual health information while enabling the necessary flow of health information.

As a result of their critical intersection, the Health Insurance Probability and Accountability Act of 1996 and cyber security law will primarily address two issues, protecting sensitive health information and enhancing your privacy and security through the use of cyber security law and health insurance probability and accountability act. The HIPAA establishes standards for the electronic interchange, privacy, and security of health information to protect.

Here are the rules, the security rule, the privacy rule, and the breach reporting rule. Limiting how it can be used or shared without concern, will assist you in protecting patient information. With the help of specific security measures and the breach notification rule, which provides information impacted by individual departments of health and human services as well as occasionally the media about any breaches of unsecured health information, the security rule seeks to ensure electronic health information. United States V. Hsieh 2019[3] In this instance, the defendant gained unauthorized access to patient documents held by a healthcare provider and stole them. In criminal proceedings involving unlawful access to Protected Health Information (PHI), the court considered how HIPAA might be applied. Federal Trade Commission v. Lab MD, Inc.[4]  This lawsuit, while not specifically falling under HIPAA, dealt with data security procedures and the Federal Trade Commission’s jurisdiction to impose cybersecurity regulations. Healthcare data privacy is affected more broadly after Lab MD was fined for having insufficient security measures, which resulted in a data breach. Sensitive health data and digital assets are safeguarded by the HIPAA Act of 1996 and cybersecurity laws. In addition to privacy, security, and breach reporting regulations, HIPAA establishes requirements for the electronic sharing and security of health information. Cybersecurity law, which mandates regulatory compliance from organizations like the FTC and NIST, focuses on defending digital information and systems against cyber threats.

Cyber Security in Health Care

Cyberattacks on electronic health records (EHRs) can seriously jeopardize patient privacy by giving attackers access to private data, including personal health information (PHI). Without protecting sensitive data, healthcare organizations run the danger of fines and damage to their reputation under HIPAA rules.

Also at stake is patient safety as a result of these attacks. It might be difficult for medical professionals to offer the right care when ransomware locks medical information or devices. Hackers may even change patient information, which might have dangerous consequences for the health of the patients. As an illustration, consider the 2017 WannaCry ransomware attack.[5] Against it is a global epidemic that took place in May 2017, at the National Health Service (NHS) in the United Kingdom, resulting in the rerouting of ambulances and the cancellation of surgeries. There have been similar incidents have occurred in the United States.

Healthcare providers can reduce these risks, though, with careful cybersecurity techniques and investment. Due to improved cybersecurity measures and more effective response mechanisms, the impact of WannaCry on American hospitals was less severe.

CONCLUSION

In today’s healthcare world or medical world technology plays a very crucial role in patient care, and cyber security privacy of the information of patients has become more important than ever so protecting sensitive health information, will ensure the patient’s privacy and keep the healthcare system running smoothly so it will help you providing safe care. Laws like Health insurance portability and accountability help along with cyber security revolutions it will help to safeguard electronic health records and connected medical devices. So simple measures like regular software update network segmentation and strong authentication will reduce the risk. Following these privacy rules and the bridge notification laws also ensures openness and accountability. Through these Proactive healthcare organizations, a cyber security law or HIPAA will protect against cyber threats and provide for and more secure healthcare service in this increasingly digital age.

Author(s) Name: Malu B S (ISBR Law College, Bengaluru)

[1] US Department of Health and Human Services (19 October 2022) <Summary of the HIPAA Privacy Rule | HHS.gov> accessed 8 September 2024

[2] The Health Insurance and Accountability Act Of 1996

[3] United States v. Hsieh, no 11-00082

[4] Federal Trade Commission (FTC) v. Lab MD, Inc.  894 F.3d 1221 (2018)

[5] By alexander S Gillis (TechTarget, July 2023) <What is WannaCry Ransomware? | Definition from TechTarget> accessed by 8 September 2024