Real Risks of Penalties from Failure of HIPAA Compliance

The Health Insurance Portability and Accountability Act (HIPAA) was signed into law close to three decades ago. HIPAA was initially comprised of two primary rules: (1) The Privacy Rule, which establishes standards to protect individuals' medical records and other personal [...]

Real Risks of Penalties from Failure of HIPAA Compliance2023-12-14T12:18:46-08:00

HIPAA Security: Don’t Neglect Physical Workstation Security Safeguards

With all the recent headlines regarding cyber security breaches, it is easy for companies to forget about the physical security controls they must put into place. This crucial element of the HIPAA Security Rule will vary in implementation depending on [...]

HIPAA Security: Don’t Neglect Physical Workstation Security Safeguards2021-01-28T15:39:38-08:00

What 12 Security Things Should I Focus on to Be Defensible in 2016?

Here is a sneak-peek and what is likely my most important blog for the upcoming New Year.  This is just a partial teaser....

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Irvine, CA - I was recently asked by a roundtable of CEOs to advise them on network security.  They had a lot of questions and a lot of misinformation.  I was surprised as this was a group of technology company CEOs and what I quickly found out is that they did not know much more than my non-tech company CEO clients.  From that discussion they asked me to come back and present to them a short list of actions they should take in 2016 to better secure their systems.  Initially I wanted to present them with a list of 10 things they should focus upon.  For anyone that knows, it is easy to create a list of 100 things that should be done to secure a system. However, I decided in order to make the list actionable and not overwhelming I needed to focus on the 10 things I have seen in the past year or two that have caused the most real-life grief for our new and existing clients.  I wanted to keep the list to 10 items, but I had to fudge a bit and expand to 12 core items. Then I added three bonus items for those who are over-achievers and another three for those in regulated businesses like healthcare, financial services and Sarbanes-Oxley.

This list is not complete nor absolute.  It is a list I have created largely in order of my perceived importance based upon the real-life hacks, breaches and other maladies related to failures of network security to keep the bad guys out.  You will need to assess the requirements that are appropriate for your firm.  If you are looking for a good place to start, I offer up my suggestions below.

1.       You need to do a vulnerability assessment or security assessment.  It is impossible for you to know what actions you should take to properly secure your systems without first doing an assessment.  Assessments are common practice at many firms, yet completely ignored at others.  It is fairly easy for you to order a vulnerability assessment and the best part is that it takes very little time and participation from you and your IT staff.  The cost for this service ranges from a few thousand dollars for a very small firm to several tens-of-thousands or even hundreds of thousands of dollars for larger enterprises.  These should be done at least once per year just like your financial audit.

2.       Patching for Software Security Updates is perhaps one of the most overlooked and under-rated security measures you can implement to better secure your systems.  I maintain that good software patching measures are in some ways more important than your firewall.  A firewall is a formidable device that once it gets set-up has a number of ports opened up so that your firm can transact business.  That is where it gets weak.  Through these legitimately opened ports attackers will send nasty payloads that compromise your system, often without you knowing.  Imagine a hardened castle all buttoned up, but the draw bridge must be opened in order to conduct commerce.  Through that legitimately opened bridge come the sneak attacks, the scammers, crooks, mischievous and spies....

What 12 Security Things Should I Focus on to Be Defensible in 2016?2015-11-12T03:10:52-08:00

Alvaka’s Kevin McDonald Writes for CAPG on 15 Ways to Safeguard PHI

Alvaka Networks COO/CISO Kevin McDonald is a featured author in this month’s CAPG Health magazine.  He writes about the obligations under HIPAA and HITECH to protect health information and how failure to do so can cost $359 per record breached.  [...]

Alvaka’s Kevin McDonald Writes for CAPG on 15 Ways to Safeguard PHI2023-08-11T01:39:19-07:00

Disk Encryption and Software Patching Provide Safe Harbor and Good Security Practices to Protect Against Theft and Data Breaches

A recent article in the Los Angeles Times says, “A new analysis of government records, published Tuesday in the journal JAMA, found that close to a thousand large data breaches affected 29 million medical records between 2010 and 2013. Nearly 60% [...]

Disk Encryption and Software Patching Provide Safe Harbor and Good Security Practices to Protect Against Theft and Data Breaches2015-04-16T16:08:11-07:00

Why Will My Company be Listed on the HHS Wall of Shame?

6 Reasons Organizations Fail to Encrypt ePHI

The drumbeat of HIPAA breaches in the media is incessant, and the refrain is the same: yet another PC containing electronic protected health information is stolen, so the organization is compelled to notify patients, Health and Human Services, and the media.  The Office of Civil Rights swoops in, levies a 7 figure fine, and posts the offender on the HHS “Wall of Shame”, resulting in a damaged reputation and loss of future earnings.

Ironically, had the PC’s hard-drive been encrypted, the loss would have been a non-event, unreportable given the Safe Harbor provisions of HIPAA.  And inexpensive encryption technology has been readily available for years.  Yet, 538 or 46% of the 1,171 Breach Notifications posted on the Wall of Shame stem from the simple loss of a computer with an unencrypted hard-drive.

So, if it is so obvious how to correct the deficiency that single-handedly accounts for the most frequent HIPAA Breach Notifications, why don’t more organizations properly encrypt and protect the ePHI entrusted to them?  Here are the six most common reasons we discover during our risk assessments …

Why Will My Company be Listed on the HHS Wall of Shame?2014-12-08T18:10:15-08:00

Unclear HIPAA rules permit healthcare data offshoring … for now

...Under the Final Rule, the OCR has the power to domestically deal out civil penalties, corrective actions and long-term monitoring, while the DOJ has the power to domestically deliver a criminal prosecution. Through enforcement under HITECH, the State attorneys general [...]

Unclear HIPAA rules permit healthcare data offshoring … for now2014-07-29T02:19:34-07:00

HIPAA consulting and the channel’s ethical responsibility

Kevin is a featured writer for TechTarget.  Here is is latest column: _________________________________________________________ A few months ago, I wrote an article about the practice of non-attorneys consulting on HIPAA business associate agreements. After talking with scores of people about the [...]

HIPAA consulting and the channel’s ethical responsibility2020-06-09T23:54:19-07:00

Opportunities abound for providing HIPAA compliance services

As many security solution providers struggle to find compliance opportunities, there is a great opportunity in supporting compliance with the Health Insurance Portability and Accountability Act (HIPAA).Even though the comprehensive laws intended to protect patient and health care data are [...]

Opportunities abound for providing HIPAA compliance services2014-04-11T17:48:00-07:00

HIPAA security checklist: 10 services your customers need

Recent changes to HIPAA and HITECH opened up significant new opportunities for security solution providers who can shoulder the risks and get themselves educated on these regulations. As this HIPAA security checklist of services, below, shows, there are 10 specific [...]

HIPAA security checklist: 10 services your customers need2020-04-29T22:42:23-07:00