The proposed updates aim to strengthen the security and privacy of protected health information (PHI) by addressing the growing threat of ransomware attacks.
The Growing Threat of Ransomware Attacks
Ransomware attacks have become a significant concern for healthcare organizations, with the OCR reporting a 102% increase in large breaches caused by these attacks since 2019. These attacks involve hackers encrypting sensitive health information and demanding payment in exchange for the decryption key.
24 hour notice to regulated entities when a workforce member’s access to ePHI or certain information systems is changed or terminated.
Understanding the Security Rule
The Security Rule, also known as the Health Insurance Portability and Accountability Act (HIPAA) Security Rule, is a federal regulation that sets standards for the protection of electronic protected health information (ePHI).
(II) Written procedures to restore the loss of certain relevant information systems and data within 12 hours. (III) Written procedures to restore the loss of certain relevant information systems and data within 24 hours. (IV) Written procedures to restore the loss of certain relevant information systems and data within 72 hours. (V) Written procedures to restore the time-sensitive information systems and data within 12 hours. (VI) Written procedures to restore the time-sensitive information systems and data within 24 hours. (VII) Written procedures to restore the time-sensitive information systems and data within 48 hours.
Plan sponsors must implement and maintain effective security measures to protect participant data and comply with ERISA requirements.
Plan Sponsor Requirements
Security Measures Review
Conduct a review of the plan’s security measures at least once every 12 months to ensure they are effective in protecting participant data. Identify vulnerabilities and implement changes to address them. Document the review process and results, including any changes made to the security measures. ### Testing of Security Measures*
Testing of Security Measures
Conduct regular testing of the plan’s security measures to ensure they are functioning as intended. Test for vulnerabilities and weaknesses in the security measures. Document the results of the testing and any changes made to the security measures. ### Plan Sponsor Responsibilities*
Plan Sponsor Responsibilities
The plan sponsor is responsible for ensuring that the plan’s security measures are effective in protecting participant data. The plan sponsor must review and test the security measures at least once every 12 months. The plan sponsor must document the review process and results, including any changes made to the security measures. ### Compliance with ERISA*
Compliance with ERISA
The plan sponsor must comply with the requirements of the Employee Retirement Income Security Act of 1974 (ERISA). ERISA requires plan sponsors to implement and maintain effective security measures to protect participant data. The plan sponsor must also comply with any other applicable laws and regulations. ### Penalties for Non-Compliance*
Penalties for Non-Compliance
Failure to comply with the requirements of ERISA can result in penalties, including fines and reputational damage. The plan sponsor must ensure that the plan’s security measures are effective in protecting participant data to avoid these penalties. ### Best Practices for Plan Sponsors
Best Practices for Plan Sponsors
Conduct regular security audits to identify vulnerabilities and weaknesses in the security measures. Implement a incident response plan to respond to security breaches. Provide training to plan participants on how to protect their data.
