Welcome!

Related Topics: @CloudExpo, Microservices Expo, Containers Expo Blog, Cloud Security, @DXWorldExpo, SDN Journal

@CloudExpo: Blog Feed Post

The HIPAA Final Rule and Staying Compliant in the Cloud

As healthcare and patient data move to the cloud, HIPAA compliance issues follow

The HIPAA Omnibus Final Rule went into effect on March 26, 2013.  In order to stay compliant, the date for fulfilling the new rules is September 23, 2013, except for companies operating under existing “business associate agreements (BAA),” may be allowed an extension until September 23, 2014.

As healthcare and patient data move to the cloud, HIPAA compliance issues follow.  With many vendors, consultants, internal and external IT departments at work, the question of who is responsible for compliance comes up quite often.  Not all organizations are equipped or experienced to meet the HIPAA compliance rules by themselves.  Due to the nature of the data and the privacy rules of patients, it is important to secure the data correctly the first time.

HIPAA and the Cloud
Do you have to build your own cloud HIPAA compliance solutions from scratch?  The short answer is no.  There are solutions and consulting companies available to help move patient data to the cloud as well as secure it following HIPAA compliance rules and best practices.

The following checklist provides a guide to help plan for meeting the new HIPAA compliance rules.

A Cloud HIPAA Compliance Checklist

1. Ensure “Business Associates” are HIPAA compliant

-          Data Centers and cloud providers that serve the healthcare industry are in the category of “business associates.”

-          Business Associates can also be any entity that “…creates, receives, maintains, or transmits protected health information (PHI) on behalf of a covered entity.”  This means document storage companies and cloud providers now officially have to follow HIPAA rules as well.

-          Subcontractors are also considered business associates if they are creating, receiving, transmitting, or maintaining Protected Health Information (PHI) on behalf of a business associate agreement.

-          As a business associate they must meet the compliance rules for all privacy and security requirements.

What can you do?
Ensure business associates and subcontractors sign a business associate agreement and follow the HIPAA compliance rules for themselves and any of their subcontractors. A sample Business Associate Agreement is available on the HHS.gov website.

What happens if you are in violation?
The Office of Civil Rights (OCR) investigates HIPAA violations and can charge $100 – 50,000 per violation.  That gets capped at $1.5 million for multiple violations.  The charges are harsh to help ensure that data is safe and companies are following the HIPAA rules.

2. Data Backup

- Health care providers, business associates, and subcontractors must have a backup contingency plan.

- Requirements state that it has to include a:

Backup plan for data, disaster recovery plan, and an emergency mode operations plan

- The backup vendor needs to encrypt backup images during transit to their off-site data centers so that data cannot be read without an encryption key

- The end user/partner is required to encrypt the source data to meet HIPAA compliance

What can you do?

If you handle the data backup internally, set a plan to meet HIPAA compliance and execute it.
If you have external backup solution providers, ensure they have a working plan in place.

3. Security Rules

-          Physical safeguards need to be implemented to secure the facility, like access controls for the facility

-          Develop procedures to address and respond to security breaches

-          There are an additional 18 technical security standards and 36 implementation specifications as well

What can you do?

Put a plan in place to protect data from internal and external threats as well as limiting access to only those that require it.

4. Technical Safeguards
Health care providers, business associates, and subcontractors must implement technical safeguards. While many technical safeguards are not required – they do mitigate your risk in case of a breach. In particular, encryption of sensitive data allows you to claim “safe harbor” in the case of a breach.

-  Study encryption and decryption of electronically protected health information

-  Use AES encryption for data “at rest” in the cloud

-  Use strong – and highly protected – encryption key management; this is the most sensitive and difficult piece on this list – consider to use split-key cloud encryption or homomorphic key management

-  Transmission of data must be secured: use SSL/TLS or IPSec

-  When any data is deleted in the cloud any mirrored version of the data must be deleted as well

-  Limit access to electronically protected health information

-  Audit controls and procedures that record and analyze activity in information systems which contain electronically protected health information

-  Implement technical security measures such as strong authentication and authorization, guarding against unauthorized access to electronically protected information transmitted over electronic communication networks

What can you do?

Adopt strong encryption technology and develop a plan to ensure data is transmitted, stored, and deleted securely. Develop a plan to monitor data access and control access.

5. Administrative Safeguards

For organizations to meet HIPAA compliance they must have HIPAA Administrative Safeguards in place to “prevent, detect, contain and correct security violations.”  Policies and procedures are required to deal with: risk analysis, risk management, workforce sanctions for non-compliance, and a review of records.

-  Assign a privacy officer for developing and implementing HIPAA policies and procedures

  • Ensure that business associates also have a privacy officer since they are also liable for complying with the Security Rule

-  Implement a set of privacy procedures to meet compliance for four areas:

Risk Analysis
“Conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of electronic protected health information held by the covered entity”

Risk Management
“Implement security measures sufficient to reduce risks and vulnerabilities to a reasonable and appropriate level to comply with §164.306(a).”

Workforce Sanctions for Non-Compliance
“Apply appropriate sanctions against workforce members who fail to comply with the security policies and procedures of the covered entity.”

Review of Records
“Implement procedures to regularly review records of information system activity, such as audit logs, access reports, and security incident tracking reports.”

-  Provide ongoing administrative employee training on Protected Health Information (PHI)

-  Implement a procedure and plan for internal HIPAA compliance audits

What can you do?
Develop an internal plan to meet HIPAA compliance and have a privacy officer to implement requirements.  Ensure that policies and procedures deal with analysis of risk, management of risk, policy violations, and sanctions for staff or contractors in violation of the policy.  Develop and maintain documentation for internal policies to meet HIPAA compliance as it will help define those policies to your organization and could assist during a HIPAA audit.

The post The HIPAA Final Rule and Staying Compliant in the Cloud appeared first on Porticor Cloud Security.

Read the original blog entry...

More Stories By Gilad Parann-Nissany

Gilad Parann-Nissany, Founder and CEO at Porticor is a pioneer of Cloud Computing. He has built SaaS Clouds for medium and small enterprises at SAP (CTO Small Business); contributing to several SAP products and reaching more than 8 million users. Recently he has created a consumer Cloud at G.ho.st - a cloud operating system that delighted hundreds of thousands of users while providing browser-based and mobile access to data, people and a variety of cloud-based applications. He is now CEO of Porticor, a leader in Virtual Privacy and Cloud Security.

Latest Stories
"Digital transformation - what we knew about it in the past has been redefined. Automation is going to play such a huge role in that because the culture, the technology, and the business operations are being shifted now," stated Brian Boeggeman, VP of Alliances & Partnerships at Ayehu, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
The past few years have brought a sea change in the way applications are architected, developed, and consumed—increasing both the complexity of testing and the business impact of software failures. How can software testing professionals keep pace with modern application delivery, given the trends that impact both architectures (cloud, microservices, and APIs) and processes (DevOps, agile, and continuous delivery)? This is where continuous testing comes in. D
"WineSOFT is a software company making proxy server software, which is widely used in the telecommunication industry or the content delivery networks or e-commerce," explained Jonathan Ahn, COO of WineSOFT, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
"Evatronix provides design services to companies that need to integrate the IoT technology in their products but they don't necessarily have the expertise, knowledge and design team to do so," explained Adam Morawiec, VP of Business Development at Evatronix, in this SYS-CON.tv interview at @ThingsExpo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
Smart cities have the potential to change our lives at so many levels for citizens: less pollution, reduced parking obstacles, better health, education and more energy savings. Real-time data streaming and the Internet of Things (IoT) possess the power to turn this vision into a reality. However, most organizations today are building their data infrastructure to focus solely on addressing immediate business needs vs. a platform capable of quickly adapting emerging technologies to address future ...
Mobile device usage has increased exponentially during the past several years, as consumers rely on handhelds for everything from news and weather to banking and purchases. What can we expect in the next few years? The way in which we interact with our devices will fundamentally change, as businesses leverage Artificial Intelligence. We already see this taking shape as businesses leverage AI for cost savings and customer responsiveness. This trend will continue, as AI is used for more sophistica...
There is a huge demand for responsive, real-time mobile and web experiences, but current architectural patterns do not easily accommodate applications that respond to events in real time. Common solutions using message queues or HTTP long-polling quickly lead to resiliency, scalability and development velocity challenges. In his session at 21st Cloud Expo, Ryland Degnan, a Senior Software Engineer on the Netflix Edge Platform team, will discuss how by leveraging a reactive stream-based protocol,...
In his Opening Keynote at 21st Cloud Expo, John Considine, General Manager of IBM Cloud Infrastructure, led attendees through the exciting evolution of the cloud. He looked at this major disruption from the perspective of technology, business models, and what this means for enterprises of all sizes. John Considine is General Manager of Cloud Infrastructure Services at IBM. In that role he is responsible for leading IBM’s public cloud infrastructure including strategy, development, and offering m...
Sanjeev Sharma Joins June 5-7, 2018 @DevOpsSummit at @Cloud Expo New York Faculty. Sanjeev Sharma is an internationally known DevOps and Cloud Transformation thought leader, technology executive, and author. Sanjeev's industry experience includes tenures as CTO, Technical Sales leader, and Cloud Architect leader. As an IBM Distinguished Engineer, Sanjeev is recognized at the highest levels of IBM's core of technical leaders.
Product connectivity goes hand and hand these days with increased use of personal data. New IoT devices are becoming more personalized than ever before. In his session at 22nd Cloud Expo | DXWorld Expo, Nicolas Fierro, CEO of MIMIR Blockchain Solutions, will discuss how in order to protect your data and privacy, IoT applications need to embrace Blockchain technology for a new level of product security never before seen - or needed.
The 22nd International Cloud Expo | 1st DXWorld Expo has announced that its Call for Papers is open. Cloud Expo | DXWorld Expo, to be held June 5-7, 2018, at the Javits Center in New York, NY, brings together Cloud Computing, Digital Transformation, Big Data, Internet of Things, DevOps, Machine Learning and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding busin...
Digital transformation is about embracing digital technologies into a company's culture to better connect with its customers, automate processes, create better tools, enter new markets, etc. Such a transformation requires continuous orchestration across teams and an environment based on open collaboration and daily experiments. In his session at 21st Cloud Expo, Alex Casalboni, Technical (Cloud) Evangelist at Cloud Academy, explored and discussed the most urgent unsolved challenges to achieve f...
SYS-CON Events announced today that Synametrics Technologies will exhibit at SYS-CON's 22nd International Cloud Expo®, which will take place on June 5-7, 2018, at the Javits Center in New York, NY. Synametrics Technologies is a privately held company based in Plainsboro, New Jersey that has been providing solutions for the developer community since 1997. Based on the success of its initial product offerings such as WinSQL, Xeams, SynaMan and Syncrify, Synametrics continues to create and hone inn...
Digital Transformation (DX) is not a "one-size-fits all" strategy. Each organization needs to develop its own unique, long-term DX plan. It must do so by realizing that we now live in a data-driven age, and that technologies such as Cloud Computing, Big Data, the IoT, Cognitive Computing, and Blockchain are only tools. In her general session at 21st Cloud Expo, Rebecca Wanta explained how the strategy must focus on DX and include a commitment from top management to create great IT jobs, monitor ...
In a recent survey, Sumo Logic surveyed 1,500 customers who employ cloud services such as Amazon Web Services (AWS), Microsoft Azure, and Google Cloud Platform (GCP). According to the survey, a quarter of the respondents have already deployed Docker containers and nearly as many (23 percent) are employing the AWS Lambda serverless computing framework. It’s clear: serverless is here to stay. The adoption does come with some needed changes, within both application development and operations. Tha...