About the Authors Introduction: Why Healthcare Businesses Make Attractive Targets for Cyber Attacks |
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Chapter 1 General Overview of Healthcare Cybersecurity Threats |
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2 | (4) |
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2 | (1) |
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3 | (1) |
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3 | (1) |
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3 | (1) |
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E Denial of Service Attacks |
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4 | (1) |
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F Trojans and Other Malware |
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4 | (1) |
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5 | (1) |
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5 | (1) |
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5 | (1) |
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6 | (4) |
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A Insider Access Is Dangerous |
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6 | (1) |
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B The False Hope of Strong Perimeters |
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6 | (1) |
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C The Challenge of Frequent Visitors |
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7 | (1) |
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D The Costs of Local Hosting |
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7 | (1) |
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E The Worry of Shared Hardware |
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7 | (1) |
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F The Challenge of Backups |
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8 | (1) |
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G Strange and Unclear Motives |
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8 | (1) |
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H Uncertain Value of Leaked Data |
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9 | (1) |
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9 | (1) |
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J Sandboxes Limit Innovation |
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10 | (1) |
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III Conclusion: Is Healthcare Special? h |
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10 | (1) |
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Chapter 2 Ransomware in the Healthcare Industry |
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11 | (1) |
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II The Basics of Ransomware |
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12 | (10) |
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A The History of Ransomware |
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12 | (2) |
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B How Does Ransomware Infect Computers? |
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14 | (3) |
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C Ransomware as a Lucrative Crime |
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17 | (1) |
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D The Threat of Ransomware in the Healthcare Setting |
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18 | (4) |
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III The Existing Legal Framework for Ransomware Attacks |
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22 | (4) |
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A The Health Insurance Portability and Accountability Act |
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22 | (3) |
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25 | (1) |
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IV Preventing and Managing a Ransomware Attack |
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26 | (10) |
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A Preventing a Ransomware Attack |
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26 | (4) |
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B Managing a Ransomware Attack |
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30 | (2) |
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C Negotiating with Ransomware Hackers |
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32 | (4) |
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V Alternative Future Solutions to the Ransomware Problem |
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36 | (2) |
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A Imposing a Tax on Ransomware Payments to Be Used for Anti-Hacking Efforts |
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36 | (1) |
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B Prohibiting Insurance Coverage for Ransomware Attacks |
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37 | (1) |
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C Requiring Healthcare Organizations to Pass Annual Cyber Inspections and Employ Cyber Guards |
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38 | (1) |
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38 | (1) |
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Chapter 3 How to Prepare for and Respond to Cybersecurity Attacks |
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I Cybersecurity and Compliance Requirements of Healthcare Entities |
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39 | (7) |
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A Focus on "Reasonable" Processes for Attack Prevention and Preparation Strategies |
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40 | (2) |
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B Identify PHI: Data Mapping, Data Purging, and Reasonable Safeguards |
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42 | (1) |
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C Assessing Cyber Risks: External, Internal, and Physical Safeguards |
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43 | (1) |
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D Developing an Incident Response Plan: Strategy and Planning |
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44 | (2) |
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II Incident Response Best Practices |
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46 | (2) |
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III Notification: Overview of Federal and State Reporting Requirements |
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48 | (5) |
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A HIPAA Breach of Unsecured PHI |
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48 | (2) |
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B Breach of Personally Identifiable Information under State Laws |
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50 | (1) |
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C Notifications to Individuals, Governmental Agencies, Credit Reporting Agencies, and Media |
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50 | (1) |
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D Breach Notifications: State Requirements |
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51 | (1) |
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E Special Cases: Minors, Deceased, Missing Contact Info (Substitute Notice) |
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52 | (1) |
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F Best Practices for Breach Notifications |
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52 | (1) |
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IV Cyber Extortion in Healthcare |
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53 | (9) |
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A Introduction to Cyber Extortion in Healthcare |
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53 | (1) |
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B Protecting Against Extortion: HIPAA and Breach Notification Requirements |
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54 | (1) |
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C Threat and Incident Response in Healthcare: Best Practices |
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54 | (1) |
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D Remediation: "Recover and Rebuild" vs. "Pay Ransom and Decrypt" |
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55 | (3) |
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58 | (4) |
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Chapter 4 The Cost of Inadequate Security Measures: How Private Parties and Federal and State Regulators Seek Redress After a Health-Data Breach |
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I OCR's Role in Enforcing HIPAA |
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62 | (15) |
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II Attorneys' General Enforcement of HIPAA |
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77 | (3) |
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III Private Plaintiffs' Indirect Enforcement of HIPAA |
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80 | (4) |
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84 | (5) |
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A Risk Analysis (45 C.F.R. § 164.308(a)(1)(ii)(A)) and Risk Management (45 C.F.R. § 164.308(a)(l)(ii)(B)) |
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84 | (1) |
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B Information System Activity Review (45 C.F.R. § 164.308(a)(1)(ii)(D)) |
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85 | (1) |
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C Security Awareness and Training (45 C.F.R. § 164.308(a)(5)) |
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85 | (1) |
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D Security Incident Procedures (45 C.F.R. § 164.308(a)(6)) |
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86 | (1) |
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E Business Continuity/Contingency Plans (45 C.F.R. § 164.308(a)(7)) |
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86 | (1) |
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F Implementing Effective Access Controls (see 45 C.F.R. § 164.312(a)(1) (access control)) |
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87 | (1) |
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G Ensuring that Security Measures Remain Effective as Technology Changes and New Threats and Vulnerabilities Are Discovered (see 45 C.F.R. § 164.306(e) (maintenance)) |
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87 | (2) |
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Chapter 5 Risk Rx: Managing Privacy and Cybersecurity Risks |
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I Risk Identification (The Diagnosis) |
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89 | (2) |
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II Risk Avoidance and Mitigation (Preventive Care and Treatment Options) |
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91 | (3) |
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92 | (1) |
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92 | (1) |
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C Technology and Related Practices |
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93 | (1) |
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94 | (1) |
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E User Training and Restrictions |
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94 | (1) |
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III Risk Transfer (Insurance) |
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94 | (8) |
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96 | (2) |
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98 | (1) |
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C Fidelity and Crime Policies |
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99 | (1) |
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D Commercial General Liability Policies |
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99 | (1) |
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E Professional Liability/E&O |
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100 | (1) |
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F Directors and Officers (D&O) |
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101 | (1) |
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G Kidnap and Ransom/Cyber Extortion |
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101 | (1) |
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IV Conclusion (The Prescription) |
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102 | (73) |
Appendix A State Comprehensive-Privacy Law Comparison |
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Appendix B State Comprehensive-Privacy Law Comparison Map |
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Appendix C FTC Notice of Breach of Health Information |
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Appendix D HIPAA Enforcement Matters as of October 2020 |
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Index |
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