Utah Updates Breach Notification Law

Utah has updated its online data security and privacy laws with new definitions and new requirements for data breach notifications to the Utah Cyber Center. The amendments were signed into law by Utah Governor Spencer J. Cox on March 19, 2024, and updated the Utah Protection of Personal Information Act and the Utah Technology Governance Act.

The Utah Cyber Center was established by the Utah Technology Governance Act and coordinates efforts between State, Local, and Federal resources to bolster statewide security and help defend against future cyberattacks. The online data security and privacy amendments (S.B. 98) to the Technology Governance Act establish new definitions for a data breach reporting to the Utah Cyber Center. A data breach is defined as “the unauthorized access, acquisition, disclosure, loss of access, or destruction of (a) personal data affecting 500 or more individuals; or (b) data that compromises the security, confidentiality, availability, or integrity of the computer systems used or information maintained by the governmental entity.” Personal data is defined as any information that is linked to or can reasonably be linked to an identified individual or an identifiable individual.

The amended law also includes details of the types of information that government entities must provide when reporting data breaches to the Utah Cyber Center. These requirements include the date/time of the breach; date of breach discovery; number of people affected, data types involved, a short description of the breach; path/means of access; perpetrator of the breach (if known); the steps taken in response to the data breach; and any other specific information requested by the Utah Cyber Center. The Protection of Personal Information Act has been amended to state that documents submitted to the Attorney General or the Utah Cyber Center may be deemed confidential and classified as a protected record in certain circumstances.

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HHS Shares Credential Harvesting Mitigations

The Health Sector Cybersecurity Coordination Center (HC3) has issued a healthcare and public health (HPH) sector alert about credential harvesting, one of the most common tactics used by hackers in cyberattacks on the HPH sector.

While there are more secure ways of authenticating individuals and controlling access to accounts and resources, credentials such as usernames, passwords, and personal information are commonly used. Credentials provide access to online accounts, email systems, patient data, and network resources. If credentials are obtained, hackers will gain the user’s privileges and a foothold in the network.

Credential harvesting leads to data breaches, but oftentimes credential harvesting is the first stage in a much more extensive attack. The access may allow a hacker to compromise further accounts and escalate privileges, exploit vulnerabilities in internal systems, deploy malware, move laterally within the network, disrupt administrative functions, and cause system downtime, which can impair healthcare professionals’ ability to provide patient care.

Credential harvesting is most commonly associated with phishing, but credentials can be obtained using a variety of methods, the most common of which are:

  • Phishing: The use of deceptive messages to trick users into disclosing their login credentials, often on attacker-controlled websites
  • Keylogging: Malware that records keystrokes as they are entered by users, including usernames and passwords.
  • Brute Force Attacks: Automated attempts using numerous combinations of usernames and commonly used passwords until the correct combination is identified.
  • Person-in-the-Middle (PITM) Attacks: The interception of communications between two parties, capturing login credentials exchanged during the authentication process.
  • Credential Stuffing: The use of credentials obtained in one data breach to access accounts on other platforms/systems where the same username/password combinations have been used.

Since there are a variety of ways that credentials can be harvested, there is no single mitigation that can protect against this tactic. Healthcare organizations need to be proactive and implement several mitigations to reduce risk. Multi-factor authentication (MFA) is one of the most important security measures as it adds an extra layer of authentication. If credentials are compromised, without the additional authentication, account access will not be granted. Phishing-resistant MFA provides the highest level of protection.

Many credential harvesting attacks use email to make initial contact with users. Email filtering solutions such as spam filters will block the majority of these messages and prevent them from reaching end users; however, even the most advanced email security solutions will not block all malicious messages. Employee training and awareness are therefore important. Members of the workforce (from the CEO down) should be educated about phishing and other credential harvesting methods and be taught cybersecurity best practices.

Monitoring and detection solutions should be used to identify suspicious login attempts and suspicious user behavior, endpoint security solutions can protect against malware such as keyloggers, systems should be kept up to date to prevent the exploitation of vulnerabilities, and organizations should ensure they have comprehensive incident response plans to minimize the harm caused should an attack prove successful.

This is the second sector alert to be issued by HC3 this month on tactics used by malicious actors in attacks on the HPH sector. The earlier alert covers email bombing, which is used for denial of service attacks.

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Cyber Security for Healthcare: USA Summit

The HealthSec: Cyber Security for Healthcare Summit returns for its 2nd edition in Boston, Massachusetts on June 12th – 13th!

As operations in healthcare and life sciences industries are becoming increasingly digitized and internet-connected, the attack surface is expanding and cybersecurity risks are growing.

In the light of this, healthcare security leaders from across the hospitals & healthcare systems, healthcare equipment and services, medical devices, pharma and biotech industries are preparing to gather at the summit to learn how to protect their sensitive data from cyber attacks.

CPD certified event

This CPD certified event is your chance to unite with cybersecurity leaders from the likes of Abbott, GSK, Moderna, Pfizer and Johnson & Johnson through interactive sessions, as well as 6+ hours of networking, including seated lunches and a drinks reception.

Over 2 days, you’ll learn how to build resilience, mitigate risks and strengthen your cybersecurity strategy to combat new and ongoing threats through thought leadership talks, in-depth case-studies, panel discussions and roundtables. See list of speakers

Agenda highlights include:

  • A Culture of Shared Responsibility Between HDOs and MDMs: What It Looks Like, and How to Achieve It
  • How to Effectively Address Third Party Risk Management Pain Points in Healthcare
  • Case Study: Surviving a Ransomware Attack -Lessons Learned from the Healthcare Industry
  • Streamlining Regulatory Compliance in Healthcare: How Do We Get There?

For 15% discount on passes, register now using the code “HIPPA” at registration online here.

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Legislation Introduced to Provide Advance Payments to Providers Affected by Cyberattacks

This week, Senator Mark R. Warner (D-VA) introduced new legislation that will allow for advance and accelerated payments to healthcare providers in the event of a cyberattack. The new legislation was introduced in response to the recent ransomware attack on Change Healthcare, which caused an outage that lasted for more than 4 weeks. The outage prevented physicians and hospitals from processing claims, billing patients, and checking insurance coverage for care, and the reimbursement delays have left many healthcare providers struggling to pay workers and buy supplies, with some placed at risk of becoming financially insolvent.

Given the increase in cyberattacks on the healthcare sector in recent years, a major attack that caused massive nationwide disruption to healthcare was an inevitability, and there will likely be other highly damaging healthcare cyberattacks in the future. The Health Care Cybersecurity Improvements Act of 2024 will help to ensure that in the event of another attack, healthcare providers will not face such challenging financial problems.

Sen. Warner, a member of the Senate Finance Committee and co-chair of the Senate Cybersecurity Caucus, has been sounding the alarm about healthcare cybersecurity for some time. In 2022, he published a white paper that framed cybersecurity as a patient safety issue. The Change Healthcare ransomware attack demonstrated how a cyberattack can prevent patients from receiving timely care and essential medications. “The recent hack of Change Healthcare is a reminder that the entire healthcare industry is vulnerable and needs to step up its game. This legislation would provide some important financial incentives for providers and vendors to do so.”

The Health Care Cybersecurity Improvements Act of 2024 will allow for advance and accelerated payments to healthcare providers in the event of a cyber incident; however, they would only qualify if they and their vendors meet minimum cybersecurity standards. In the press release announcing the new legislation, Sen. Warner did not mention what those minimum cybersecurity standards are, as that will be left to the HHS Secretary to determine.

Currently, in certain situations, Medicare Part A providers (such as acute care hospitals, skilled nursing facilities, and other inpatient care facilities) and Part B suppliers (including physicians, nonphysician practitioners, durable medical equipment suppliers, and others who furnish outpatient services) can experience cash flow difficulties due to specific circumstances that are beyond their control, as happened following the Change Healthcare ransomware attack. The Centers for Medicare and Medicaid Services (CMS) has provided temporary financial relief to Medicare Part A providers and Part B suppliers through Accelerated and Advance Payment (AAP) programs, which provide advance payments from the federal government, which are later recovered by withholding payments for later claims.

The Health Care Cybersecurity Improvements Act of 2024 will modify the existing Medicare Hospital Accelerated Payment Program and the Medicare Part B Advance Payment Program. If the legislation is passed, the HHS Secretary will determine if the need for payment results from a cyber incident, and if it does, the healthcare provider requiring the payment must meet minimum cybersecurity standards, which will be determined by the Secretary. For instance, a healthcare provider may be required to implement the essential cybersecurity performance goals recently announced by the HHS. If the provider has implemented those minimum cybersecurity measures and the provider’s intermediary was the target of the incident, the intermediary must also meet minimum cybersecurity standards in order for the provider to receive the payments.

If passed, the act would take effect two years from the date of enactment, which will give healthcare organizations sufficient time to ensure they comply with the cybersecurity requirements set by the HHS Secretary.

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