HHS Office for Civil Rights Settles Malicious Insider Cybersecurity Investigation for 475 Million HHSgov

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ppThe OCR Settlement with Montefiore Medical Center resolves multiple potential HIPAA Security Rule ViolationsppToday the US Department of Health and Human Services HHS Office for Civil Rights OCR announced a settlement with Montefiore Medical Center a nonprofit hospital system based in New York City for several potential violations of the Health Insurance Portability and Accountability Act HIPAA Security Rule OCR is responsible for administering and enforcing health information privacy including enforcement of the HIPAA Privacy Security and Breach Notification Rules for the health care sector OCR plays a unique role in serving as the agency at HHS that enforces federal civil rights privacy and security laws in health care  HIPAA requires that health care providers insurers and others take steps to protect the privacy and security of patients protected health information The 475 million monetary settlement and corrective action resolves multiple potential failures by Montefiore Medical Center relating to data security failures by Montefiore that led to an employee stealing and selling patients protected health information over a sixmonth periodppUnfortunately we are living in a time where cyberattacks from malicious insiders are not uncommon Now more than ever the risks to patient protected health information cannot be overlooked and must be addressed swiftly and diligently said OCR Director Melanie Fontes Rainer This investigation and settlement with Montefiore are an example of how the health care sector can be severely targeted by cyber criminals and thieveseven within their own wallsppCyberattacks do not discriminate based on organization size or stature and its incumbent that our health care system follow the law to protect patient recordsppThe action is the latest step by HHS who released a Departmentwide Cybersecurity strategy for the health care sector in December of 2023 and released voluntary performance goals to enhance cybersecurity across the health sector just last weekppCyberattacks that are carried out by insiders are one of the many ways that can lead to a security breach leaving patients vulnerable said HHS Deputy Secretary Andrea Palm Our priority is and always has been improving the quality of health care patients receive Part of this health care is establishing a trust that medical records will not be exposed HHS will continue to remind health care systems of their responsibility as providers which is to have policies and procedures in place to keep patients medical information secureppIn May 2015 the New York Police Department informed Montefiore Medical Center that there was evidence of theft of a specific patients medical information The incident prompted Montefiore Medical Center to conduct an internal investigation It discovered that two years prior one of their employees stole the electronic protected health information of 12517 patients and sold the information to an identity theft ring Montefiore Medical Center filed a breach report with OCRppOCRs investigation revealed multiple potential violations of the HIPAA Security Rule including failures by Montefiore Medical Center to analyze and identify potential risks and vulnerabilities to protected health information to monitor and safeguard its health information systems activity and to implement policies and procedures that record and examine activity in information systems containing or using protected health information Without these safeguards in place Montefiore Medical Center was unable to prevent the cyberattack or even detect the attack had happened until years laterppUnder the terms of the settlement Montefiore Medical Center will pay 4750000 to OCR and implement a corrective action plan that identifies certain steps toward protecting and securing the security of protected health information These actions includeppOCR will monitor Montefiore Medical Center for two years to ensure compliance with the lawppppIn OCRs breach reports over 134 million individuals have been affected by large breaches in 2023 whereas 55 million were affected in 2022 OCR recommends that health care providers health plans clearinghouses and business associates that are covered by HIPAA must implement safeguards to mitigate or prevent cyber threats These includeppOCR regularly provides guidance and information to the health care industry to support data privacy and security As part of this ongoing initiative this past Fall OCR provided the following resourcesppThe resolution agreement and corrective action plan may be found at httpswwwhhsgovhipaaforprofessionalscomplianceenforcementagreementsmontieforeindexhtmlppFor more information on managing malicious insider threats you can view OCRs Summer 2019 Cybersecurity Newsletter at httpswwwhhsgovhipaaforprofessionalssecurityguidancecybersecuritynewslettersummer2019indexhtmlppOCR is committed to enforcing the privacy and security of peoples health information that is protected under HIPAA If you believe that your or another persons health information privacy or civil rights have been violated you can file a complaint with OCR at httpswwwhhsgovocrcomplaintsindexhtmlppThe HHS Breach Portal Notice to the Secretary of HHS Breach of Unsecured Protected Health Information may be found at httpswwwhhsgovhipaaforprofessionalsbreachnotificationbreachreportingindexhtmlppFor more information on OCRs enforcement activities visit httpswwwhhsgovhipaaforprofessionalssecurityguidancecybersecurityindexhtmlppReceive the latest updates from the Secretary Blogs and News ReleasesppReceive latest updatesppppFor general media inquiries please contact mediahhsgovppReceive the latest updates from the Secretary Blogs and News Releasespp200 Independence Avenue SW
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