In response to the massive rise in ransomware attacks on healthcare organizations, the Department of Health and Human Services’ Office for Civil Rights has developed new HIPAA guidance on ransomware for covered entities.
The guidance covers best practices that can be adopted to prevent cybercriminals from installing ransomware, along with helpful advice on how to prepare for ransomware attacks and how to respond when critical files are encrypted by malicious software. Importantly, the new HHS guidance on ransomware also confirms how these security breaches are classed under the Health Insurance Portability and Accountability Act. Many healthcare security professionals feel that HIPAA guidance on ransomware has been long overdue.
HIPAA Guidance on Ransomware Clarifies Attacks ARE Reportable Data Breaches
In the new HIPAA guidance on ransomware, OCR has clarified the reporting requirements for ransomware attacks under HIPAA. Over the past few months, as ransomware attacks on healthcare organizations have soared, there has been much confusion over whether these attacks are classed as security incidents under HIPAA Rules.
It has been argued that since ransomware blindly encrypts files and does not usually involve the attackers actually gaining access to data, the incidents should not be reportable to the HHS. Also, it has been argued that there is no need to issue breach notification letters to patients whose data are temporarily encrypted.
The OCR has now confirmed that ransomware attacks are reportable and require a full breach response, including the mailing of breach notification letters to affected patients and health plan members.
A ransomware attack is considered to be a data breach unless the covered entity can demonstrate that there was only a “low probability that PHI has been compromised.” The OCR considers a breach to have occurred if “unauthorized individuals have taken possession or control of the information.”
How HIPAA Covered Entities Must Respond to Ransomware Attacks
Any HIPAA covered entity that experiences a ransomware attack must orchestrate a full breach response and proceed as they would for a malware attack or if a hacker gained access to PHI.
An accurate and thorough risk assessment must be conducted to determine whether there is any risk to the confidentiality, integrity, or availability of electronic protected health information (ePHI). HIPAA requires the infection to be contained and data must be restored to allow normal operations to continue. Security measures must be implemented to mitigate risks and prevent future attacks.
The Office for Civil Rights must be notified of the breach within 60 days of the discovery of the attack if the breach impacts 500 or more patients, or at the end of the year in the case of a smaller breach of patient records. Breach notification letters must also be mailed to patients within 60 days, in accordance with the HIPAA Breach Notification Rule. A breach notice must also be submitted to the media if the breach impacts 500 or more individuals.
Preparing for a Ransomware Attack
The new HIPAA guidance on ransomware explains that organizations must be prepared to deal with ransomware attacks.
Healthcare organizations should implement cybersecurity protection measures to prevent ransomware attacks, such as installing a robust spam filtering solution such as SpamTitan. Spam filters can prevent the majority of malicious emails from being delivered to end users. Staff members should also be trained on the risk of ransomware and advised how to identify phishing emails and malicious websites.
A risk analysis should be conducted to identify potential cybersecurity vulnerabilities that could be exploited by hackers to install ransomware. Any vulnerabilities that could increase the risk of a ransomware attack being successful should be addressed in a timely fashion.
An emergency operation plan must also be developed that can be immediately put in place upon discovery of a ransomware attack. The new HIPAA guidance on ransomware also states that emergency response plans should be regularly tested to ensure that they are effective.
Ransomware Attacks on Healthcare Organizations Soar
This year has seen an extraordinary number of ransomware attacks on healthcare organizations. In February, ransomware was installed on computers at Hollywood Presbyterian Medical Center in California and a ransom demand of $17,000 was issued. Hollywood Presbyterian Medical Center felt the best course of action to minimize damage was to pay the ransom and obtain the decryption keys to unlock data. On receipt of the funds, the attackers made good on their promise and supplied the keys to unlock the encryption.
However, some organizations have discovered that simply paying a ransom demand does not spell the end of the problem. There have been cases – notably Kansas Heart Hospital – where a ransom has been paid, only for a second ransom demand to be issued. Other companies have paid and not been supplied with working keys. Paying a ransom is no guarantee that data can be decrypted.
The FBI advises against paying ransom demands. Not only is there no guarantee that the attackers will supply working keys, but payment of ransoms only encourages the attackers to continue with their ransomware campaigns. Only by preparing for ransomware attacks can organizations ensure that in the event of ransomware being installed, they will be able to recover their files quickly without giving in to attackers’ demands.
The Ransomware Threat Should Not Be Ignored
The threat to healthcare organizations is severe. Research conducted by anti-phishing company PhishMe showed that in Q1, 2016, 93% of phishing emails contained ransomware. Figures from Symantec Security Response show that on average, 4,000 ransomware attacks have occurred every day since January 1, 2016. A report from security firm Solutionary, shows that in 2016, 88% of ransomware detections were by healthcare organizations.
So far this year, in addition to the attack on Hollywood Presbyterian Medical Center, ransomware attacks have been reported by MedStar Health and DeKalb Health, while Prime Healthcare reported that three of its hospitals – Desert Valley Hospital, Chino Valley Medical Center and Alvarado Hospital Medical Center – were attacked with ransomware. Methodist Hospital in Kentucky, Massachusetts General Hospital, and Yuba Sutter Medical Clinic in California have also reported ransomware attacks this year, to name but a few.
It may not be possible to prevent ransomware attacks, but if healthcare organizations invest in better security protections, the majority of attacks can be prevented. Provided that adequate preparations are made for ransomware attacks, in the event that the malicious software is installed, damage can be limited.
The HIPAA guidance on ransomware can be downloaded from the HHS website.