Data Breaches in Healthcare: Responding to Skyrocketing Cyber Attacks

Since October 2009, the Department of Health and Human Services has received reports of data breaches involving over 154 million individual health records—over 113 million in 2015 alone. The health care sector has become a favorite target of the most sophisticated criminal hackers, some of whom have the backing of foreign governments.

As the risk of cyber attacks increases, the healthcare industry is simultaneously witnessing increased enforcement activity at both the federal and state level. In May 2014, for example, two prominent medical institutions in New York agreed to a $4.8 million data breach settlement with HHS. Healthcare companies that fall victim to a breach will have to navigate multiple challenges including breach notification requirements, state and federal government investigations, and class action litigation.

Listen as our authoritative panel of attorneys discusses the current threat environment for the healthcare sector and evolving best practices for cybersecurity preparedness. The panel will discuss strategies for regulatory compliance and offer suggestions for responding to OCR investigations and reducing liability risk. The panel will explain the available options for insuring data breach costs and the role insurance plays in effective breach response.

1. Breach Preparedness Strategies
   1. HIPAA and regulatory compliance
   2. Cyber risk assessments
   3. Vendor management
   4. Cyber Insurance
2. Responding to the Breach
   1. Effective response planning
   2. PHI reporting and notice obligations
   3. Damage mitigation
   4. Pursuing insurance recovery
3. Responding to an OCR investigation
   1. Interacting with regulators
   2. Establishing investigation parameters
   3. Data protection

The panel will review these and other key issues:

• What measures should healthcare providers take to ensure compliance with HIPAA and state law privacy and security requirements?
• What steps should healthcare providers and their counsel take in response to a data breach to mitigate damages?
• How to prepare for and appropriately navigate government investigations resulting from a data breach.
• What types of breach-related costs are covered by cyber insurance?
• What steps should healthcare companies take after a breach occurs to maximize their insurance recovery?