The apex court of the US recently overturned Roe v. Wade(1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey(1992) in the case of Dobbs v. Jackson Women’s Health Org (2022). The court returned the responsibility for controlling abortion to the individual states after concluding that the US Constitution does not provide a right to abortion.

For healthcare organizations countrywide, the seismic Dobbs v. Jackson Women’s Health Organization decision by the Supreme Court has caused upheaval and confusion regarding patient privacy issues and providers’ obligations for data protection.

If you are a healthcare provider, the Dobbs ruling will not impact your ability to use electronic health records or to communicate and share that information with other providers. This ruling only applies to patient information, not in an “active clinical setting,” Any documents transmitted outside of these settings must still be protected health information under HIPAA.

Question of Vulnerability of Reproductive Health after the Decision

In addition to the decision’s clear systemic ramifications, Dobbs has presented several difficulties for pharmacies and prompted concerns about adhering to Health Insurance Portability and Accountability Act (HIPAA) privacy regulations.

Many reproductive health proponents of HHC have expressed concerns about protecting reproductive health information after last month’s decision. This includes information saved in period tracking apps, text messages, web search history, and other places.

Modern Healthcare fears using the information to prosecute those who seek an abortion or even medical attention after a miscarriage and those who help them. Right now, HIPAA only protects the privacy of health information gathered by covered entities, such as health plans, clearinghouses for health information, and healthcare providers. Data collected by electronic devices and outside apps or organizations are not covered.

Response of Organizations

In the wake of the decision, several companies have taken steps to preserve and prevent using their users’ health data, particularly those about reproductive care. For example, Google announced that it would remove the location information if its search engine determined that a user visited an abortion clinic or another medical facility.

According to Planned Parenthood, a breach of protected health information has not occurred. It deleted marketing trackers from its search sites for abortions that shared data with third-party companies out of caution. It also mentioned that it offers a different appointment scheduling and confirmation tool that is, according to it, HIPAA-compliant.

Similarly, Electronic Frontier Foundation, a digital civil liberties organization, advised users to pay attention to privacy settings on their services, switch off location services on apps that don’t need them, and utilize encrypted messaging services to protect their electronic health data.

Some applications for tracking periods have also made efforts to reassure their users that their health information is safe and secure. As an illustration, Flo said it is creating an “anonymous mode” that will let users delete their names, email addresses, and other unique identifiers from their profiles.

Response of the Government

The Office for Civil Rights (OCR) published guidance on June 29, 2022, outlining how HIPAA constricts disclosures by covered entities and business associates to law enforcement agencies without a court order or other legal mandate.

In light of new state laws forbidding abortion, the guideline offers valuable insight into how OCR may employ HIPAA enforcement to prevent illegal disclosures of protected health information (PHI) to law enforcement personnel.

OCR makes it plain that it wants to protect the privacy of people getting abortions and other reproductive health care. According to OCR, regulations that forbid specific conduct do not authorize the sharing of Personal Health Information(PHI) concerning an individual and such prohibited behavior. Instead, all other requirements in the HIPAA Privacy Rule must be followed, and the law must expressly require such disclosure or disclosure following a legally recognized process. The guidance states that disclosure is only allowed without causing a HIPAA breach.

However, depending on the state, laws that permit criminal or civil action against

• Someone who seeks an abortion
• Someone who performs an abortion,
• Someone who provides the means for an abortion may be used as the justification for revealing PHI for law enforcement purposes, and in states where relevant laws are in force, disclosures may be allowed.

Therefore, HIPAA may not offer the amount of protection against disclosure of PHI that may be inferred based on OCR’s recommendations in light of new state laws that forbid particular conduct by third parties.

To avoid unauthorized disclosure of PHI and HIPAA violations, healthcare organizations should caution their employees and providers not to conflate mandatory reporting laws with state laws that forbid abortion. They should also remind them that legal counsel should review any mandatory reporting. Otherwise, there is a chance of breaking federal or state laws requiring secrecy.

In a nutshell, OCR’s guidance reminds consumers that HIPAA protections do not apply to apps used on personal devices like smartphones that are not directly offered by a Covered Entity or its Business Associate. This covers the numerous applications that provide healthcare-related services but are not offered by Covered Entities, such as period trackers.

However, disclosures needed by law or for law enforcement purposes may apply to Covered Entities and their Business Associates. Additionally, HIPAA does not apply to cell phone service providers, and HIPAA generally does not protect communications made using a mobile device, including calls, messages, and emails. Due to these factors, it will be crucial for people to decide whether and how to communicate with providers electronically for tasks like scheduling appointments.

If privacy is an issue, people should also limit the amount of personal information shared through mobile devices, including apps that might offer health-related services but are not provided through Covered Entities.

Final Words

Regulations concerning data privacy will continue to change in the wake of the Dobbs ruling. Legal counsel should be consulted before pharmaceutical shops or businesses disclose PHI to stay current on the legal climate and guidelines. Reproductive health information will remain a significant concern for patients and application users.

The healthcare industry and application developers should consider updating their online privacy policies to address potential patient and user privacy concerns. Law enforcement agencies should not overstate the protections provided under HIPAA and other state privacy laws against disclosing health information.

With a vision to make the world a healthier place, Protected Harbor’s products are designed to secure and protect the health information of patients and providers in the hospital and clinical environments.

We offer tailored solutions to protect healthcare organizations against current and future cyber threats. Our offerings include network security, endpoint protection, remote monitoring and management, and other cybersecurity services. We have a team of certified engineers who are experts in their fields. A continuous learning and improvement culture helps us stay updated with evolving technological trends and best practices. We are focused on improving the health and wellness of our customers and their customers, which we accomplish by building trust, reliability, and transparency in every aspect of our service.

We are working to protect millions of Americans’ health information and critical data. Contact us today for a free security risk assessment.

Wednesday, June 1^st, At a Boston College cybersecurity conference hosted by Mintz, FBI Director Christopher Wray stated that investigators prevented a planned attack on Boston Children’s Hospital by Iranian government-sponsored hackers. The FBI director told the story as part of a bigger speech about cyber threats from Russia, China, and Iran, as well as the importance of government-private partnerships.

What Happened

In the summer of 2021, the FBI received a tip from an intelligence partner that hackers sponsored by the Iranian government were targeting the Boston Children’s Hospital. The cyber squad in the FBI Boston Field Office raced to notify the hospital. Over a 10-day period, worked with the hospital in response to the threat

Wray didn’t say why the hospital attack was planned, but he did say that Iran and other governments have been hiring cyber mercenaries to carry out attacks on their behalf. Furthermore, the US government has identified the healthcare and public-health sectors as one of 16 critical infrastructure sectors. Healthcare providers such as hospitals are considered easy targets for hackers.

It wasn’t clear if the hackers planned to target the hospital with ransomware, shut down the hospital operations with a virus, or sell the data on the black market.  That’s because the FBI caught the attack early enough to prevent any damage to the network or the hospital’s data. The FBI declined to discuss the specific nature of the attack in detail, citing security reasons.

Nevertheless, the FBI issued a warning in November saying Iranian government hackers had breached the “environmental control network” at an unidentified children’s hospital in the United States last June. Leading many to assume the same was targeted in Boston. The environmental control network refers to the hospital’s HVAC system.

What it Means

In the case of ransomware, hospitals can face devastating system shutdowns. Patient data can be made inaccessible to hospital staff, it can be damaged, or it can be stolen and sold. A ransomware attack compromised a Vermont hospital’s patient record system in October 2020, and patients have turned away as a result.

Nation-states and hacker groups are probing healthcare organizations and looking for areas to exploit. This past November, the Cybersecurity and Infrastructure Security Agency issued an alert for an Iran-sponsored hacker group targeting healthcare. As the Russia-Ukraine war drags on, federal agencies say U.S. healthcare organizations need to be “shielded up” to mitigate against potential foreign threats.

The FBI is “racing” to warn possible healthcare targets of data breaches when it comes to Russia and other state-sponsored attacks. According to Wray, China’s hackers have stolen more business and personal data from Americans than all other countries combined as part of an enormous geopolitical ambition to “lie, cheat, and steal their way into global denominations of global industries.”

All hospitals and healthcare organizations must sit up and take notice. It is not only hacktivist groups and employees they need to worry about, today. But nation-states as well.

Protected Harbor’s Take On The Issue

Protected Harbor has been monitoring the situation for a long time and continues to emphasize cybersecurity. Richard Luna, CEO of Protected Harbor, said this is a severe issue, and we advise all our clients to take precautionary measures and make sure their systems are secure and protected.

He suggested 3 simple tips to harden your servers, which every company should implement immediately.

1. Update the operating systems on your servers regularly.

The most crucial action you can take to secure your servers is to keep their operating systems up to date. On a nearly daily basis, new vulnerabilities are discovered and publicized, with the potential for remote code execution or local privilege escalation.

2. Enforce The Use Of Strong Passwords

Enforcing the usage of strong passwords across your infrastructure is an important security measure. Attackers will have a harder time guessing passwords or cracking hashes to obtain unauthorized access to sensitive systems. A smart place to start is with 10-character passwords that include a mix of upper and lowercase letters, numbers, and special characters.

Password guessing attacks can be stopped by combining a strong password policy with a powerful account robust policy that locks accounts after a few erroneous tries.

3. Use local protection mechanisms such as firewalls and anti-virus software.

Local protection measures and estate-wide controls like patching, domain configuration, and border fire-walling are critical for offering a defense-in-depth approach.

The chance of unneeded default services being exposed to the broader network is reduced when a host’s local firewall is configured correctly. Even if your patching schedule has fallen behind, it will still prevent an attacker from accessing critical network services. While not fool proof, this all-or-nothing strategy can distinguish between compromise and attacker frustration.

With so much at stake, it’s essential to ensure your business has a robust IT audit plan. With the help of a trusted IT auditing company like Protected Harbor, you can be sure that your systems are secure and functioning at peak efficiency. Because The FBI won’t always be there, but Protected Harbor will.

Sign up to get a risk-free IT Audit and see how you can improve your security. We will analyse your business from top to bottom and give recommendations on making your company safer. What are you waiting for? Get Protected!