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Securing Mobile Devices in Healthcare

Posted on February 8, 2016 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

This post is sponsored by Samsung Business. All thoughts and opinions are my own.

When you look at healthcare security on the whole, I think everyone would agree that healthcare has a lot of work to do. Just taking into account the top 5 health data breaches in 2015, approximately 30-35% of people in the US have had their health data breached. I’m afraid that in 2016 these numbers are likely going to get worse. Let me explain why I think this is the case.

First, meaningful use required healthcare organizations to do a HIPAA risk assessment. While many organizations didn’t really do a high quality HIPAA risk assessment, it still motivated a number of organizations to do something about privacy and security. Even if it wasn’t the step forward many would like, it was still a step forward.

Now that meaningful use is being replaced, what other incentive are doctors going to have to take a serious look at privacy and security? If 1/3 of patients having their records breached in 2015 isn’t motivating enough, what’s going to change in 2016?

Second, hackers are realizing the value of health data and the ease with which they can breach health data systems. Plus, with so many organizations going online with their EHR software and other healthcare IT software, these are all new targets for hackers to attack.

Third, while every doctor in healthcare had a mobile device, not that many of them accessed their EHR on their mobile device since many EHR vendors didn’t support mobile devices very well. Over the next few years we’ll see EHR vendors finally produce high quality, native mobile apps that access EHR software. Once they do, not only will doctors be accessing patient data on their mobile device, but so will nurses, lab staff, HIM, etc. While all of this mobility is great, it creates a whole new set of vulnerabilities that can be exploited if not secured properly.

I’m not sure what we can do to make organizations care about privacy and security. Although, once a breach happens they start to care. We’re also not going to be able to stem the tide of hackers being interested in stealing health data. However, we can do something about securing the plethora of mobile devices in healthcare. In fact, it’s a travesty when we don’t since mobile device security has become so much easier.

I remember in the early days of smartphones, there weren’t very many great enterprise tools to secure your smartphones. These days there are a ton of great options and many of them come natively from the vendor who provides you the phone. Many are even integrated into the phone’s hardware as well as software. A good example of this is the mobile security platform, Samsung KNOX™. Take a look at some of its features:

  • Separate Work and Personal Data (Great for BYOD)
  • Multi-layered Hardware and Software Security
  • Easy Mobile Device Management Integration
  • Enterprise Grade Security and Encryption

It wasn’t that long ago that we had to kludge together multiple solutions to achieve all of these things. Now they come in one nice, easy to implement package. The excuses of why we don’t secure mobile devices in healthcare should disappear. If a breach occurs in your organization because a mobile device wasn’t secure, I assure you that those excuses will feel pretty hollow.

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Owensboro Health Muhlenberg Community Hospital Breach

Posted on November 17, 2015 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

In this week in HIPAA Breach rubber-necking, we have the FBI discovering suspicious network activity from third parties at Owensboro Health Muhlenberg Community Hospital, a 135 bed acute care hospital in Kentucky. Here’s a description of the incident:

On September 16, 2015, the Federal Bureau of Investigation (FBI) notified the hospital of suspicious network activity involving third parties. Upon learning this information, the hospital took immediate action, including initiating an internal investigation and engaging a leading digital forensics and security firm to investigate this matter. Based upon this review, the hospital confirmed that a limited number of computers were infected with a keystroke logger designed to capture and transmit data as it was entered onto the affected computers. The infection may have started as early as January 2012.

I’m quite interested in how they came up with the January 2012 date. Was that the date that the infected computers were installed? Are they just being cautious and assuming that the computers could have had the keylogger since the beginning and they’re handling the breach that way?

Of course, Muhlenberg Community Hospital is sending breach notifications to all patients in their records database, employees and contractors and providers that were credentialed at the hospital since 2012. They don’t give a number of how many records or people this constitutes, but it have to be a massive number.

Here’s a look at what information they think could have been accessed by the keylogger:

The affected computers were used to enter patient financial data and health information, information about persons responsible for a patient’s bill and employee/contractor data, including potentially name, address, telephone number(s), birthdate, Social Security number, driver’s license/state identification number, medical and health plan information (such health insurance number, medical record number, diagnoses and treatment information, and payment information), financial account number, payment card information (such as primary account number and expiration date) and employment-related information. Additionally, some credentialing-related information for providers may be impacted. The hospital also believes that the malware could have captured username and password information for accounts or websites that were accessed by employees, contractors or providers using the affected terminals. The hospital has no indication that the data has been used inappropriately.

They’re offering the usual identity protection services to all those affected. However, I was quite interested in their expanded list of steps people can take to guard against possible identity theft and fraud:

  • Enroll in Identity Protection Services
  • Explanation of Benefits Review
  • Check Credit Reports
  • Review Payment Card Statements
  • Change Your Passwords
  • Consult the Identity Theft Protection Guide

It’s clear that the number of breaches is accelerating. However, this case is particularly interesting because it could have been breached for the past 3 years and they’re just now finding it out. I expect we’ll see a lot more of this activity in the future.

10.5 Million Person Healthcare Hack Revealed 19 Months Later

Posted on September 21, 2015 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

As we (and pretty much everyone) predicted, the number of healthcare breaches continues to grow. In the latest case, Rochester New York based Excellus BlueCross BlueShield and related companies were hacked. As per usual, the hackers mounted a “sophisticated cyberattack” which compromised data including names, addresses, telephone number, social security numbers, financial account information, and some medical information from “shadowy groups in China.”

Here’s a description of the 10.5 million records that were affected:

Affected parties include about 7 million people who are insured by Excellus, patients covered by those policies and Blue Cross Blue Shield members from other parts of the country who received medical care that was billed through Excellus, Redmond said. Excellus is the largest health insurer in the Rochester area.

The records of an additional 3.5 million people who receive services through five Lifetime units — Lifetime Health, Lifetime Care, Univera Healthcare, MedAmerica and Lifetime Benefits Solutions — also were breached by the hackers.

Although, the irony of this story is that the initial hack seemed to have occurred on Dec 23, 2013, but wasn’t discovered by the staff until much later. The report suggests that the hack wasn’t discovered until they did an investigation into their own systems after the 78.8 million person Anthem breach. What’s not clear to me is why it took them so long after that breach which occurred in February 2015 to finally announce their own breach.

The company is offering the standard 2 year’s of identity and credit card protection to affected individuals. Does this all feel somewhat routine now? I’m sorry to say that it’s become so common that it almost feels like a non-event. It probably doesn’t feel that way to the millions of patients who got a notice in the mail. Although, with breaches of Google, Amazon, Target, etc, I think we’re all becoming somewhat numb to breaches of our personal data.

Windows Server 2003 Support Ends July 14, 2015 – No Longer HIPAA Compliant

Posted on June 16, 2015 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

If this post feels like groundhog day, then you are probably remembering our previous post about Windows XP being retired and therefore no longer HIPAA compliant and our follow up article about a case where “unpatched and unsupported software” was penalized by OCR as a HIPAA violation.

With those posts as background, the same thing applies to Microsoft ending support for Windows Server 2003 on July 14, 2015. Many of you are probably wondering why I’m talking about a 2003 software that’s being sunset. Could people really still be using this software in healthcare? The simple answer is that yes they are still using Windows Server 2003.

Mike Semel has a really great post about how to deal with the change to ensure you avoid any breaches or HIPAA penalties. In his post he highlights how replacing Windows Server 2003 is a much larger change than it was to replace Windows XP.

In the later case, you were disrupting one user. In the former case, you’re likely disrupting a whole group of users. Plus, the process of moving a server to a new server and operating system is much harder than moving a desktop user to a new desktop. In fact, in most cases the only reason organizations hadn’t moved off Windows XP was because of budget. My guess is that many that are still on Windows Server 2003 are still on it because the migration path to a newer server is hard or even impossible. This is why you better start planning now to move off Windows Server 2003.

I also love this section of Mike Semel’s post linked above which talks about the costs of a breach (which is likely to happen if you continue using unsupported and unpatched software):

The 2015 IBM Cost of a Data Breach Report was just released and the Ponemon Institute determined that a data breach of healthcare records averages $ 398 per record. You are thinking that it would never cost that much to notify patients, hire attorneys, and plug the holes in your network. You’re right. The report goes on to say that almost ¾ of the cost of a breach is in loss of business and other consequences of the breach. If you are a non-profit that means fewer donations. If you are a doctor or a hospital it could mean your patients lose trust and go somewhere else.

I’m sure that some will come on here like they did on the Windows XP post and suggest that you can keep using Windows Server 2003 in a HIPAA compliant manner. This penalty tells me otherwise. I believe it’s a very risky proposition to continue using unsupported and unpatched software. Might there be some edge case where a specific software requires you to use Windows Server 2003 and you could set up some mix of private network/firewalls/access lists and other security to mitigate the risk of a breach of the unsupported software. In theory, that’s possible, but it’s unlikely most of you reading this are in that position. So, you better get to work updating from Windows Server 2003.

Are Legacy EHR Sytems the HIPAA Ticking Time Bomb?

Posted on February 20, 2015 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

Healthcare IT and EHR security is a really important topic right now. Many organizations have started to spend time and resources on this problem after a series of healthcare and non-healthcare breaches. The Anthem breach being the most recent. Overall, this is a great thing for the industry since I think there’s more that could be done in every organization to shore up the privacy and security of patient health data.

In a recent conversation I had with Mike Semel, we talked about some of the challenges associated with legacy EHR and Healthcare IT systems in offices. Our conversation prompted to me to ask the question of whether these legacy EHR systems are the ticking time bombs of many healthcare organizations.

Think about what happens to many of these legacy EHR systems. They get put in some back office or under someone’s desk or in some nondescript closet where they’re largely forgotten. In many cases there are only 1-2 people who regularly use them and in many cases the word “regularly” equates to accessing it a few times a month. These few people are usually not technically savvy and know very little about IT security and privacy.

Do I need to ask the question about how good the security is on a system for which most people have forgotten?

These forgotten systems often don’t get any software updates to the application or the operating system. The former is an issue, but the later is a major problem. Remember that when updates to an operating system are issued, it’s essentially blasted out to the public that there are issues that a hacker can exploit. If you’re not updating the O/S, then these systems make for easy pickings for hackers.

Forget about great audit log tracking and other more advanced security on these legacy systems. In most cases, organizations are just trying to limp them along until they can decommission them and put them out to pasture. It makes for one massive security hole for most organizations.

Of course, this doesn’t even take into the account the fear that many organizations have that these systems will just give up the ghost and stop working all together. There’s nothing quite like security on a Windows 2000 Server box sitting under someone’s desk just waiting for it to die. Hopefully those hard drives and other mechanical elements don’t stop before the data’s end of life requirements.

These legacy systems aren’t pretty and likely present a massive HIPAA privacy and security hole in many organizations. If you don’t have a good handle on your legacy systems, now might be a good time to take a look. Better to do it now than to deal with it after a HIPAA breach or HIPAA audit.

Confusing HIPAA Compliance With Security

Posted on October 2, 2014 I Written By

Anne Zieger is a healthcare journalist who has written about the industry for 30 years. Her work has appeared in all of the leading healthcare industry publications, and she's served as editor in chief of several healthcare B2B sites.

Most people  who read this publication know that while HIPAA compliance is necessary, it’s not sufficient to protect your data. Too many healthcare leaders, especially in hospitals, seem satisfied with the song and dance their cloud vendor gave them, or the business associate that promises on a stack of Bibles that it’s in compliance.

I was reminded of this just the other day when Reuters came out with some shocking statistics. One particularly discomforting stat it reported was the fact that medical data is now worth 10 times more than your credit card number on the black market (even if John has argued otherwise). Why? Well, among other things, because medical identity theft isn’t tracked well by providers and payers, which means that a stolen identity can last for months or years before it’s closed down.

Healthcare is not only lagging behind other industries in terms of its hardware and software infrastructure, but the extent to which its executives give a care as to how exposed they are to a breach. Security experts note that senior executives in hospitals see security as a tactical, not a strategic problem, and they don’t spend much time or money on it.

But this could be a deadly mistake. As Jeff Horne, vice president at cybersecurity firm Accuvant, noted to Reuters, “healthcare providers and hospitals are just some of the easiest networks to break into. When I’ve looked at hospitals, and when I’ve talked to other people inside of a breach, they are using very old legacy systems – Windows systems that are 10+ years old that have not seen a patch.”

As if that wasn’t enough, it’s been increasingly demonstrated that medical devices — from infusion pumps to MRIs — are also frighteningly vulnerable to cyber attacks. The vulnerabilities might not be found for months, and when they are, the hapless provider has to wait for the vendor to do the patching to stay in FDA compliance.

So far, even the biggest HIPAA breaches — notably the 4.5 million patient records stolen from hospital giant Community Health Systems — don’t seem to have generated much change. But the sad truth is that unless hospitals get their act together, focused senior executive attention on the issue, and spend enough money to fix the many vulnerabilities that exist, we’re likely to be at the forefront of a very ugly time indeed.

Chinese Hackers Reportedly Access 4.5 Million Medical Records

Posted on August 18, 2014 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

The headline of a tech startup blog I read pretty regularly caught my attention today, “Another day, another Chinese hack: 4.5M medical records reportedly accessed at national hospital operator“. The title seems to say it all. It’s almost like the journalist sees the breach as the standard affair these days. Just to be clear, I don’t think he thinks breaches are standard in healthcare, I think he thinks breaches are standard in all IT. As he says at the end of the article:

Community Health Systems joins a long list of large companies suffering from major cybersecurity breaches. Among them, Target, Sony, Global Payment Systems, eBay, Visa, Adobe, Yahoo, AOL, Zappos, Marriott/Hilton, 7-Eleven, NASDAQ, and others.

Yes, healthcare is not alone in their attempt to battle the powers of evil (and some not so evil, but possibly dangerous) forces that are hacking into systems large and small. We can certainly expect this trend to continue and likely get worse as more and more data is stored electronically.

For those interested in the specific story, Community Health Systems, a national hospital provider based in Nashville reported the HIPAA breach in their latest SEC filings. Pando Daily reported that “Chinese Hackers” used a “highly sophisticated malware” to breach Community Health Systems between April and June. What doesn’t make sense to me is this part of the Pando Daily article:

The outside investigators described the breach as dealing with “non-medical patient identification data,” adding that no financial data was stolen. The data, which includes patient names, addresses, birth dates, telephone numbers, and Social Security numbers, was, however, protected under the Health Insurance Portability and Accountability Act (HIPPA).

I’m not sure what they define as financial data, but social security numbers feel like financial data to me. Maybe they meant hospital financial data, but that’s an odd comment since a stack of social security numbers is likely a lot more valuable than some hospital financial data. The patient data they describe could be an issue for HIPAA though.

As is usually the case in major breaches like this, I can’t imagine a chinese hacker is that interested in “patient data.” In fact, from the list, I’d define the data listed as financial data. I’ve read lots of stories that pin the value of a medical record on the black market as $50 per record. A credit card is worth much less. However, I bet if I were to dig into the black market of data (which I haven’t since that’s not my thing), I bet I’d find a lot of buyers for credit card data tied to other personal data like birth date and addresses. I bet it would be hard to find a buyer for medical data. As in many parts of life, something is only as valuable as what someone else is willing to pay for it. People are willing to pay for financial data. We know that.

We shouldn’t use this idea as a reason why we don’t have to worry about the security and privacy of healthcare data. We should take every precaution available to create a culture of security and privacy in our institutions and in our healthcare IT implementations. However, I’m just as concerned with the local breach of a much smaller handful of patient data as I am the 4.5 million medical record breach to someone in China. They both need to be prevented, but the former is not 4.5 million times worse. Well, unless you’re talking about potential HIPAA penalties.

Where Are the Big Business Associate HIPAA Breaches?

Posted on April 29, 2014 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

It seems like I have HIPAA and security on my mind lately. It started with me writing about the 6 HIPAA Compliance Reality Checks whitepaper and then carried over with my piece looking at whether cloud adoption addresses security and privacy concerns. In the later post, there’s been a really rich discussion around the ability of an enterprise organization to be able to secure their systems better than most healthcare organizations.

As part of that discussion I started thinking about the HHS HIPAA Wall of Shame. Off hand, I couldn’t think of any incidents where a business associate (ie. a healthcare cloud provider) was ever posted on the wall or any reports of major HIPAA breaches by a large business associate. Do you know of some that I’ve just missed?

When I looked at the HIPAA Wall of Shame, there wasn’t even a covered entity type for business associates. I guess they’re not technically a covered entity even though they act like one now thanks to HIPAA Omnibus. Maybe that’s why we haven’t heard of any and we don’t see any listed? However, there is a filter on the HIPAA Breach disclosure page that says “Business Associate Present?” If you use that filter, 277 of the breaches had a “business associate present.” Compare that with the 982 breaches they have posted since they started in late 2009.

I took a minute to dig into some of the other numbers. Since they started in 2009, they’ve reported breaches that affected 31,319,872 lives. My rough estimate for 2013 (which doesn’t include some breaches that occurred over a period of time) is 7.25 million lives affected. So far in 2014 they’ve posted HIPAA breaches with 478,603 lives affected.

Certainly HIPAA omnibus only went into effect late last year. However, I wonder if HHS plans to expand the HIPAA Wall of Shame to include breaches by business associates. You know that they’re already happening or that they’re going to happen. Although, not as often if you believe my previous piece on them being more secure.

As I considered why we don’t know of other HIPAA business associate breaches, I wondered why else we might not have heard more. I think it’s naive to think that none of them have had issues. Statistics alone tells us otherwise. I do wonder if there is just not a culture of following HIPAA guidelines so we don’t hear about them?

Many healthcare business associates don’t do much more than pay lip service to HIPAA. Many don’t realize that under the new HIPAA omnibus they’re going to be held accountable similar to a covered entity. If they don’t know those basic things, then can we expect them to disclose when there’s been a HIPAA breach? In healthcare organizations they now have that culture of disclosure. I’m not sure the same can be said for business associates.

Then again, maybe I’m wrong and business associates are just so much better at HIPAA compliance, security and privacy, that there haven’t been any major breaches to disclose. If that’s the case, it won’t last forever.

Six Reality Checks of HIPAA Compliance

Posted on April 23, 2014 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

Between Windows XP causing HIPAA compliance issues and the risk associated with the risk assessment required by meaningful use, many in healthcare are really waking up to the HIPAA compliance requirements. Certainly there’s always been an overtone of HIPAA compliance in the industry, but its one thing to think about HIPAA compliance and another to be HIPAA compliant.

This whitepaper called HIPAA Compliance: 6 Reality Checks is a great wake up call to those that feel they have nothing to worry about when it comes to HIPAA. While many are getting ready, there are still plenty that need a reality check when it comes to HIPAA compliance.

Here’s a look at why everyone could likely benefit from a HIPAA reality check:
(1) Data breaches are a constant threat
(2) OCR audits reveal health care providers are not in compliance
(3) Workforce members pose a significant risk for HIPAA liability
(4) Patients are aware of their right to file a complaint
(5) OCR is increasing its focus on HIPAA enforcement
(6) HIPAA Compliance is not an option, it’s LAW

Obviously, the whitepaper goes into a lot more detail on each of these areas. As I look through the list, what seems clear to me is that HIPAA compliance is a problem. Every organization should ask themselves the following questions:

Are we HIPAA compliant?

What are you doing to mitigate the risk of a breach or HIPAA violation?

When I look at the 6 Reality Checks details in the whitepaper, I realize that everyone could benefit from a harder look at their HIPAA compliance. A little bit of investment now, could save a lot of heartache later.

Brand Damages More than Legal Damages in HIPAA Violation

Posted on July 9, 2013 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

I was recently discussing with someone the possible legal damages of a HIPAA violation by a healthcare organizations business associate. We all know that thanks to HIPAA omnibus, the business associate will now be held liable for any HIPAA breaches or violations that occur. One question I haven’t seen addressed was whether the covered healthcare organization entity would be held responsible for the business associates breaches or violations. Before, the healthcare organization would be the only one with consequences. Are the consequences for the healthcare organization still the same if a business associate has a HIPAA breach?

I think the answer probably depends on the business associate agreement. Although, maybe you can’t shield yourself of liability from business associates negligence just with a well done business associate agreement. Hopefully some of me healthcare lawyer readers can shed light on this subject.

One thing I am sure of is that the legal damages pale in comparison to the damages to a brand when a HIPAA violation occurs even when the violation is completely the responsibility of the business associate. Healthcare organizations are still going to be held responsible for the violation. No doubt we’ll hear the phrase, “the healthcare organization should have properly vetted and checked that their business associates were following HIPAA.”

While we can all agree that many healthcare organizations aren’t as diligent as they should be with business associates, should the healthcare organization have to babysit all of their business associates?

Like most things in life, there has to be a balance. You can’t play big brother with all of your business associates. You’ll drive your business associates crazy and waste a lot of resources in the process. However, I think we can look to HIPAA for the guidelines. Every healthcare organization should have a well thought out understanding and process for how they decide who they work with as business associates.

The reality is that regardless of who takes on the legal consequences of a HIPAA violation, the healthcare organization is the one that has to worry most about the damage to their brand.