Welcome!

@CloudExpo Authors: Matt Brickey, Elizabeth White, Christoph Schell, Yeshim Deniz, Liz McMillan

Related Topics: @CloudExpo, Microservices Expo, Containers Expo Blog, Cloud Security, @BigDataExpo, 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.

@CloudExpo Stories
"Outscale was founded in 2010, is based in France, is a strategic partner to Dassault Systémes and has done quite a bit of work with divisions of Dassault," explained Jackie Funk, Digital Marketing exec at Outscale, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"DX encompasses the continuing technology revolution, and is addressing society's most important issues throughout the entire $78 trillion 21st-century global economy," said Roger Strukhoff, Conference Chair. "DX World Expo has organized these issues along 10 tracks with more than 150 of the world's top speakers coming to Istanbul to help change the world."
Kubernetes is an open source system for automating deployment, scaling, and management of containerized applications. Kubernetes was originally built by Google, leveraging years of experience with managing container workloads, and is now a Cloud Native Compute Foundation (CNCF) project. Kubernetes has been widely adopted by the community, supported on all major public and private cloud providers, and is gaining rapid adoption in enterprises. However, Kubernetes may seem intimidating and complex ...
"DivvyCloud as a company set out to help customers automate solutions to the most common cloud problems," noted Jeremy Snyder, VP of Business Development at DivvyCloud, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
While the focus and objectives of IoT initiatives are many and diverse, they all share a few common attributes, and one of those is the network. Commonly, that network includes the Internet, over which there isn't any real control for performance and availability. Or is there? The current state of the art for Big Data analytics, as applied to network telemetry, offers new opportunities for improving and assuring operational integrity. In his session at @ThingsExpo, Jim Frey, Vice President of S...
"We focus on SAP workloads because they are among the most powerful but somewhat challenging workloads out there to take into public cloud," explained Swen Conrad, CEO of Ocean9, Inc., in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"As we've gone out into the public cloud we've seen that over time we may have lost a few things - we've lost control, we've given up cost to a certain extent, and then security, flexibility," explained Steve Conner, VP of Sales at Cloudistics,in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"We are focused on SAP running in the clouds, to make this super easy because we believe in the tremendous value of those powerful worlds - SAP and the cloud," explained Frank Stienhans, CTO of Ocean9, Inc., in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
DX World EXPO, LLC., a Lighthouse Point, Florida-based startup trade show producer and the creator of "DXWorldEXPO® - Digital Transformation Conference & Expo" has announced its executive management team. The team is headed by Levent Selamoglu, who has been named CEO. "Now is the time for a truly global DX event, to bring together the leading minds from the technology world in a conversation about Digital Transformation," he said in making the announcement.
"Peak 10 is a hybrid infrastructure provider across the nation. We are in the thick of things when it comes to hybrid IT," explained , Chief Technology Officer at Peak 10, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"I think DevOps is now a rambunctious teenager – it’s starting to get a mind of its own, wanting to get its own things but it still needs some adult supervision," explained Thomas Hooker, VP of marketing at CollabNet, in this SYS-CON.tv interview at DevOps Summit at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"We are still a relatively small software house and we are focusing on certain industries like FinTech, med tech, energy and utilities. We help our customers with their digital transformation," noted Piotr Stawinski, Founder and CEO of EARP Integration, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"We've been engaging with a lot of customers including Panasonic, we've been involved with Cisco and now we're working with the U.S. government - the Department of Homeland Security," explained Peter Jung, Chief Product Officer at Pulzze Systems, in this SYS-CON.tv interview at @ThingsExpo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"We're here to tell the world about our cloud-scale infrastructure that we have at Juniper combined with the world-class security that we put into the cloud," explained Lisa Guess, VP of Systems Engineering at Juniper Networks, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
"I will be talking about ChatOps and ChatOps as a way to solve some problems in the DevOps space," explained Himanshu Chhetri, CTO of Addteq, in this SYS-CON.tv interview at @DevOpsSummit at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
Your homes and cars can be automated and self-serviced. Why can't your storage? From simply asking questions to analyze and troubleshoot your infrastructure, to provisioning storage with snapshots, recovery and replication, your wildest sci-fi dream has come true. In his session at @DevOpsSummit at 20th Cloud Expo, Dan Florea, Director of Product Management at Tintri, provided a ChatOps demo where you can talk to your storage and manage it from anywhere, through Slack and similar services with...
The financial services market is one of the most data-driven industries in the world, yet it’s bogged down by legacy CPU technologies that simply can’t keep up with the task of querying and visualizing billions of records. In his session at 20th Cloud Expo, Karthik Lalithraj, a Principal Solutions Architect at Kinetica, discussed how the advent of advanced in-database analytics on the GPU makes it possible to run sophisticated data science workloads on the same database that is housing the rich...
SYS-CON Events announced today that Massive Networks will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Massive Networks mission is simple. To help your business operate seamlessly with fast, reliable, and secure internet and network solutions. Improve your customer's experience with outstanding connections to your cloud.
"We are an IT services solution provider and we sell software to support those solutions. Our focus and key areas are around security, enterprise monitoring, and continuous delivery optimization," noted John Balsavage, President of A&I Solutions, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
Everything run by electricity will eventually be connected to the Internet. Get ahead of the Internet of Things revolution and join Akvelon expert and IoT industry leader, Sergey Grebnov, in his session at @ThingsExpo, for an educational dive into the world of managing your home, workplace and all the devices they contain with the power of machine-based AI and intelligent Bot services for a completely streamlined experience.