On Thursday last week, the U.S. Senate Committee on Homeland Security and Governmental Affairs held a hearing to examine cybersecurity risks to the healthcare sector, how healthcare providers and the federal government are working to combat those threats, and determine what the federal government needs to do to improve defenses against cyberattacks on the healthcare sector.
“Relentless cyber-attacks show that foreign adversaries and cybercriminals will stop at nothing to exploit cybersecurity vulnerabilities our critical infrastructure and most essential systems,” said Committee Chairman, Gary C. Peters (D-MI). “What is most concerning about these attacks is that they don’t just compromise personal information, they can actually affect patient health and safety.”
Peters explained that the committee has already taken important steps to strengthen cybersecurity for critical infrastructure sectors, including the healthcare sector, including advancing a bipartisan bill requiring critical infrastructure organizations to report cyber-attacks and ransomware payments to the Cybersecurity and Infrastructure Security Agency (CISA) to provide more transparency and situational awareness for cybersecurity defenses and enable CISA to warn potential victims of ongoing attacks; but accepted that Congress can do much more to ensure critical networks in the healthcare and public health sector remain resilient against cyber-attacks.
At the hearing, testimonies were provided by Scott Dresden, SVP and CISO, Corewell Health; Kate Pierce, Senior Virtual Information Security Officer, Fortified Health Security; Greg Garcia, Executive Director, Cyber Security Healthcare and Public Health Sector Coordinating Council; and Stirling Martin, SVP & Chief Privacy and Security Officer, Epic Systems.
Scott Dresden, SVP and CISO, Corewell Health
Scott Dresden explained that the healthcare sector is particularly vulnerable to cyberattacks due to the complex healthcare business model, which often involves multiple, often independent, entities coming together to form what the patient sees as a cohesive care delivery process. “Over time and often out of necessity, this model has evolved in ways that have made us more vulnerable to cyber-attacks,” said Dresden. “For example, the rapid expansion of network-connected technologies to provide telehealth during the COVID-19 pandemic” and the “expanded use of Software as a Service and other cloud-based solutions.” These have increased the attack surface considerably and provided many opportunities for threat actors to compromise an organization.
Dresden explained that it is vital to implement a comprehensive information security program but there is great disparity across the industry. While large health systems have the resources to create an effective security team, that is far more difficult for small and medium-sized healthcare organizations, and even large health systems with mature security programs are still being compromised. Dresden has called for the U.S. government to respond to cyber threats more effectively and automate the sharing of the actionable threat intelligence the government acquires with the healthcare sector. Doing so would enable rapid, near real-time automatic ingestion of threat intelligence into the technologies participating members use to protect their respective organizations.
The HHS’ Office for Civil Rights has recently called for Congress to increase the penalty caps for HIPAA violations to help address its budget shortfall, but Dresden does not believe this is a wise move. “We understand and support the legislative intent to encourage adoption of best practices and the implementation of appropriate protections to safeguard our data, “ said Dresden. “However, penalizing victims of cyberattacks, when defensive measures can’t keep up with the sophistication of hackers, is not the fair approach.”
Kate Pierce, Senior Virtual Information Security Officer, Fortified Health Security
Kate Pierce, who prior to joining Fortified Health Security served as CIO and CISO at a 25-bed community hospital in Vermont for 21 years drew attention to the cybersecurity gaps at small rural hospitals, which face severe financial and staffing constraints and struggle to recruit cybersecurity talent. While recommended cybersecurity best practices in voluntary guidance can be adopted by large healthcare organizations, at small, under-resourced hospitals they simply won’t be implemented. She recommends introducing mandatory minimum security standards, as without that requirement, cybersecurity will not be prioritized over other pressing needs. She also explained mandatory security standards are important, but small healthcare providers will also need to be provided with the ability to implement the required security measures. Pierce also drew attention to the difficulty rural hospitals face obtaining cyber insurance coverage, and that even if coverage can be obtained, the rates are between 35% and 75% higher than for larger healthcare organizations and there are typically far more exclusions. Small healthcare organizations rely on cyber insurance to ensure they can recover from cyberattacks.
Stirling Martin, SVP & Chief Privacy and Security Officer, Epic Systems
Stirling Martin drew attention to the current staffing shortages and the difficulty healthcare organizations have attracting and retaining high-demand security talent. He explained that Epic has seen huge variation in the sophistication of security programs at healthcare providers across the country and says there is no defined benchmark of what security practices are considered sufficient. He also said there is a lack of cybersecurity information sharing among healthcare organizations and limited threat intelligence from government agencies and private industry. Martin has called for the government to step in and help address the current talent shortage and suggests the federal government could develop security training programs and incentivize newly trained professionals to work in healthcare. He also suggests federal agencies such as CISA or NIST could develop a single set of prescriptive security practices for the healthcare industry, or for there to be industry efforts such as HITRUST or collaboration such as the Healthcare Sector Coordinating Council.
Greg Garcia, Executive Director, Cyber Security Healthcare and Public Health Sector Coordinating Council
Greg Garcia provided an overview of cyber threat, vulnerability, and data breach trends, an outline of how the industry and government agencies have been working together to address cybersecurity, and made several recommendations on how the government can support the health industry’s efforts to improve security.
The recommendations include augmenting the HHS 405(d) program, which already has a successful track record of partnership with the healthcare industry; creating a Healthcare Cybersecurity Workforce Development Program to address the staffing challenges; providing financial support to help healthcare organizations improve cybersecurity; and to increase funding for HHS Health Sector Cyber Coordination Center (HC3) to expand its ability to be a knowledge sharing and analysis resource for the sector.
With budgets already stretched, dealing with the multiple class action lawsuits that are filed following a data breach can be a huge financial drain on healthcare organizations and the money spend defending lawsuits would be better spent on improving cybersecurity to prevent further data breaches. Garcia suggests health delivery organizations should be protected from class action lawsuits if they demonstrate they have implemented recognized security practices such as the NIST CSF or HICP.
Garcia also recommended updating HIPAA to reference the use of minimum standards in NIST CSF, HICP, or other recognized security practices, rather than prescribing cybersecurity requirements in statute. “These standards should be built in partnership with the HSCC and regulators such as (OCR, ONC, CMS, and FDA) and cross-mapped for overlap or conflict across the various regulatory regimes intersect,” said Garcia. “A holistic, coherent cyber policy strategy is essential for a healthcare environment where clinical operations, medical devices, electronic health record technology, patient data, and IT systems are all interconnected but subject to different regulatory structures and authorities.”
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