Announcing its fourth ransomware cybersecurity investigation and settlement, the Office for Civil Rights (OCR) also observed there has been a 264% increase in large ransomware breaches since 2018.

Here, the OCR reached an agreement with a medium-size private healthcare provider following a ransomware attack relating to potential violations of the HIPAA Security Rule. The settlement included a payment of $250,000 and a promise by the covered entity to take certain steps regarding the security of PHI.

“Cybercriminals continue to target the heath care sector with ransomware attacks. Health care entities that do not thoroughly assess the risks to electronic protected health information and regularly review the activity within their electronic health record system leave themselves vulnerable to attack, and expose their patients to unnecessary risks of harm,” OCR Director Melanie Fontes Rainer.

In this case, the OCR announcement states that nearly 300,000 patients were affected by the ransomware attack. Like most OCR investigations under similar circumstances, the agency examines the covered entity’s compliance with the Security Rule. And, as described in many of its settlements, the OCR focuses on the administrative, physical, and/or technical standards it believes the covered entity or business associate failed to satisfy. By focusing on these actions now, a covered entity facing an OCR investigation, perhaps because of a ransomware or other data breach, likely will be in a stronger defensible position.

These actions include: 

• Conduct an accurate and thorough risk analysis to determine the potential risks and vulnerabilities to the confidentiality, integrity, and availability of its ePHI; 
• Implement a risk management plan to address and mitigate security risks and vulnerabilities identified in their risk analysis; 
• Develop a written process to regularly review records of information system activity, such as audit logs, access reports, and security incident tracking reports; 
• Develop policies and procedures for responding to an emergency or other occurrence that damages systems that contain ePHI; 
• Develop written procedures to assign a unique name and/or number for identifying and tracking user identity in its systems that contain ePHI; and 
• Review and revise, if necessary, written policies and procedures to comply with the HIPAA Privacy and Security Rules.

The OCR also recommends the following steps to mitigate or prevent cyber-threats: 

• Review all vendor and contractor relationships to ensure business associate agreements are in place as appropriate and address breach/security incident obligations. 
• Integrate risk analysis and risk management into business processes; conducted regularly and when new technologies and business operations are planned. 
• Ensure audit controls are in place to record and examine information system activity. 
• Implement regular review of information system activity. 
• Utilize multi-factor authentication to ensure only authorized users are accessing ePHI. 
• Encrypt ePHI to guard against unauthorized access to ePHI. 
• Incorporate lessons learned from incidents into the overall security management process. 
• Provide training specific to organization and job responsibilities and on regular basis; reinforce workforce members’ critical role in protecting privacy and security. 

Of course, taking these steps should include documenting that you took them. During an OCR investigation, the agency is not going to take your word for the good work that you and your team did. You will need to be able to show the steps taken, and that means written policies and procedures, written assessments, sign in sheets for training and the materials covered during the training, etc.

HIPAA covered entities and business associates are not all the same, and some will be expected to have a more robust program than others. The good news is that the regulations contemplate this risk-based approach to compliance. But all covered entities and business associates need to take some action in these areas to protect the PHI they collect and maintain.