Vanessa Abrahamson Blog

Wednesday, July 3, 2024

Biden Opens Investigation of Change Health care ransomware

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) issued an “Dear Colleague” letter addressing the cybersecurity incident impacting Change Healthcare, a unit of UnitedHealthcare Group (UHG), along with a host of other health entities. The cyberattack is disrupting billing and health care operations across the country and is a direct threat to vital patient care and the vital activities of the health healthcare industry.

OCR regulates the HIPAA Privacy, Security, and Breach Notification Rules, which establishes the standards that HIPAA covered organizations (most health care providers, health plans, and health clearinghouses for healthcare) and their business associates must adhere to to protect the confidentiality and security of health information that is protected and the mandatory notifications to HHS and affected individuals in the event of the disclosure of information.

Hacking and ransomware are two of the most prevalent cyber-attacks on healthcare. In the last five years there has been a 256% increase in the number of large breaches reported to OCR which involved hacking and an increase of 264% in ransomware. In 2023, hacking was responsible for 79% in the big breaches reported by OCR. The large breaches reported in 2023 impacted more than 135 million people, which is which is a 141% increase over 2022.

Re: Cyberattack on Change Healthcare

Dear Colleagues:

The Office for Civil Rights (OCR) is aware that Change Healthcare, a unit of UnitedHealth Group (UHG), was impacted by a cyber security incident in late February that is disrupting health billing and care information systems nationwide. The incident could pose a direct threat the critically needed care of patients and essential operations of the health healthcare industry.

OCR administers and enforces the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Security, Breach and Privacy Notification Rules, which set the minimum security and privacy guidelines for protected health information and breach notification requirements that covered entities (health providers health plans, health insurance companies, and clearinghouses) and their business associates are required to follow. We are dedicated to ensuring access to health care while enforcing laws that enhance privacy for patients and security.

Due to the colossal scope of this cyberattack, and also in the best interests of both patients and health care providers, OCR is initiating an investigation into this incident. OCR’s investigation of Change Healthcare and UHG will focus on the possibility of a breach to secure health information occurred and on Change Healthcare’s and UHG’s adherence to the HIPAA Rules.

OCR’s interest in other entities who have joined forces with Change Healthcare and UHG is secondary. While OCR does not prioritize inquiries into health care providers or health plans, or business associates who were linked to or affected by this attack, we are reminding entities who have partnered with Change Healthcare and UHG of their obligations under the law and regulatory requirements and responsibilities, including ensuring that business associate agreements are in place and prompt breach notifications to HHS and affected individuals takes place in accordance with the HIPAA Rules.

Protecting health information that is protected is a top priority. OCR would also like to provide the following resources to aid you in protecting your health records system and your patients from cyberattacks

OCR HIPAA Security Rule Guidance Material – This webpage provides educational resources to learn more about the HIPAA Security Rule and other sources of standards to protect electronic protected health information. The materials include a Recognized Security Practices video, Security Rule Education Paper Series, HIPAA Security Rule Guidance, OCR Cybersecurity Newsletters and many more.
OCR video on How the HIPAA Security Rule Protects Against Cyberattacks – This video discusses how the HIPAA Security Rule can assist covered businesses and entities protect themselves against cyberattacks. Topics include breach trends and common attack vectors and the results of OCR investigations.
OCR Webinar on HIPAA Security Rule Risk Analysis Requirement This webinar focuses on the HIPAA Security Rule requirements for conducting a precise and thorough analysis of potential threats and vulnerabilities that could be posed by electronic health information. It also examines common risk analysis flaws OCR has discovered during its investigation.
HHS Security Risk Assessment Tool – This tool is designed to assist small- to medium-sized entities when conducting an assessment of their security risk internally in order to assist in meeting the security risk assessment needs in the HIPAA Security Rule.
Factsheet about ransomware and HIPAA – This resource offers information on ransomware and what covered entities and their business partners should do if information systems are infected as well as HIPAA breach-reporting requirements.
Healthcare and Public Health (HPH) Cybersecurity Performance Goals These specific cybersecurity goals will help health care providers strengthen cyber preparedness, improve cyber resiliency, and protect the health information of patients and ensure their safety.

OCR is committed to helping health care institutions to understand the regulations governing health information and to collaborate with other entities to tackle the arduous challenges we confront together. OCR encourages all entities to review the security procedures they are in place to ensure that critically needed patient care can continue to be offered and that health information is secured.

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Joe Biden Administration allocating $10 million in CO’s legacy mining towns

On her second stop on the Biden-Harris administration’s Investing in Rural America event series, Secretary of the Inside Deb Haaland was in Colorado today to reveal nearly $10 million in fiscal year 2023 investment from Leader Biden’s Investing in America agenda to establish good-paying jobs and trigger financial possibility by recovering abandoned pit areas in the state.

Millions of Americans across the country live less than a mile from an deserted coal excavation. The Bipartisan Infrastructure Law provides a total of $16 billion to deal with legacy contamination, including $11.3 billion in forgotten mining land (AML) investment over 15 years, facilitated by the Department of Surface Excavation Reclamation and Execution (OSMRE). This historic financing is anticipated to deal with the majority of currently inventoried abandoned coal mine territories in the country, which will help communities address and remove hazardous environmental circumstances and pollution caused by former coal mining. Today’s announcement adds to nearly $10 million previously allocated to the state of Colorado in fiscal year 2022.

“Legacy contamination persists to affect way too many waterways and neighborhoods in rural America. Through Chief Biden’s Investing in USA agenda, we are making once-in-a-generation expenditure to clean up environmental hazards that are injuring local communities,” said Secretary Haaland. “Reclaiming and restoring these sites will create jobs, revitalize financial task, and promote outdoor recreation across the nation for the benefit of future generations.”

Today’s announcement adds to the more than $11.4 million in fiscal year 2023 funds that have been granted so far to Alaska, Arkansas, Iowa and New Mexico, and the nearly $725 million awarded to 22 states and the Navajo Nation in fiscal year 2022. Deserted mining property reclamation funding will be awarded to additional eligible states and Tribes on a rolling basis as they apply.

AML reclamation supports jobs in communities by investing in projects that close dangerous mine pits, recover unstable inclines, improve water quality by treating acid mine drainage, and restore water supplies hurt by mining. It also enables economic revitalization by restoring risky land for recreational facilities and other economic redevelopment uses, such as advanced manufacture and renewable energy deployment. As directed by the Bipartisan Infrastructure Law, investment will prioritize projects that employ relocated coal industry workers.

This funding is a part of the Biden-Harris administration’s unprecedented investment in communities and workers to support an equitable transition to a sustainable economic system and healthier environment after the closure of mines or power plants.