I have always thought HIPAA (Health Insurance Portability and Accountability Act of 1996) was a huge waste of time, money, and resources which was confirmed by a May 2015 Survey which estimates “that data breaches could be costing the industry $6 billion” and more “than 90 percent of healthcare organizations represented in this study had a data breach, and 40 percent had more than five data breaches over the past two years.” The Ponemon Institute’s “Fifth Annual Benchmark Study on Privacy & Security of Healthcare Data” got data from 90 HPAA covered entities and 88 Business Associates (BAs) and included these details:
For the first time, criminal attacks are the number one cause of data breaches in healthcare. Criminal attacks on healthcare organizations are up 125 percent compared to five years ago.
In fact, 45 percent of healthcare organizations say the root cause of the data breach was a criminal attack and 12 percent say it was due to a malicious insider. In the case of BAs, 39 percent say a criminal attacker caused the breach and 10 percent say it was due to a malicious insider.
The percentage of criminal-based security incidents is even higher; for instance, web-borne malware attacks caused security incidents for 78 percent of healthcare organizations and 82 percent for BAs.
Despite the changing threat environment, however, organizations are not changing their behavior—only 40 percent of healthcare organizations and 35 percent of BAs are concerned about cyber attackers.
What a mess! And unlikely to get any better!
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney.
This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary.
The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites.
In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.