Anchorage Community Mental Health Services, Inc, has just been assessed a $150,000 penalty for a HIPAA data breach. The title of the OCR bulletin for the HIPAA settlement is telling: “HIPAA Settlement Underscores the Vulnerability of Unpatched and Unsupported Software.” It seems that OCR wanted to communicate clearly that unpatched and unsupported software is a HIPAA violation.
If you’re a regular reader of EMR and HIPAA, then you might remember that we warned you that continued use of Windows XP would be a HIPAA violation since Windows stopped providing updates to it on April 8, 2014. Thankfully, it was one of our most read posts with ~35,000 people viewing it. However, I’m sure many others missed the post or didn’t listen. The above example is proof that using unsupported software will result in a HIPAA violation.
Mike Semel has a great post up about this ruling and he also points out that Microsoft Office 2003 and Microsft Exchange Server 2003 should also be on the list of unsupported software alongside Windows XP. He also noted that Windows Server 2003 will stop being supported on July 14, 2015.
Along with unsuppported and unpatched software, Mike Semel offers some great advice for Firewalls and HIPAA:
A firewall connects your network to the Internet and has features to prevent threats such as unauthorized network intrusions (hacking) and malware from breaching patient information. When you subscribe to an Internet service they often will provide a router to connect you to their service. These devices typically are not firewalls and do not have the security features and update subscriptions necessary to protect your network from sophisticated and ever-changing threats.
You won’t find the word ‘firewall’ anywhere in HIPAA, but the $ 150,000 Anchorage Community Mental Health Services HIPAA penalty and a $ 400,000 penalty at Idaho State University have referred to the lack of network firewall protection.
Anyone who has to protect health information should replace their routers with business-class firewalls that offer intrusion prevention and other security features. It is also wise to work with an IT vendor who can monitor your firewalls to ensure they continue to protect you against expensive and embarrassing data breaches.
Be sure to read Mike Semel’s full article for other great insights on this settlement and what it means.
As Mike aptly points out, many organizations don’t want to incur the cost of updating Windows XP or implementing a firewall. It turns out, it’s much cheaper to do these upgrades than to pay the HIPAA fines for non-compliance. Let alone the hit to your reputation.