<div dir="ltr"><a href="http://www.jdsupra.com/legalnews/hhs-office-for-civil-rights-releases-a-25594/">http://www.jdsupra.com/legalnews/hhs-office-for-civil-rights-releases-a-25594/</a><br><br><p>
<span id="BodyLabel">At the end of February, the Department of Health
and Human Services (“HHS”) released a table, called a “crosswalk,” that
maps standards and implementation specifications of the Health Insurance
Portability and Accountability Act (“HIPAA”) Security Rule to the
applicable National Institute of Standards and Technology (“NIST”)
Cybersecurity Framework subcategories. The HHS Office for Civil Rights
(“OCR”) developed the crosswalk with NIST and the Office of the National
Coordinator for Health IT in response to the “increasingly challenging
atmosphere” of securing electronic protected health information
(“ePHI”).</span></p>
<p>
<span id="BodyLabel">The HIPAA Security Rule sets forth certain
safeguards for ePHI. HIPAA covered entities and business associates
must comply with the requirements of the HIPAA Security Rule. The NIST
Cybersecurity Framework was designed in February of 2014 to help
organizations manage, identify, detect, and respond to cybersecurity
risks. The Framework is a voluntary, risk-based approach, and entities
within and outside the health care sector have relied on it when
implementing and managing their cybersecurity practices.</span></p>
<p>
<span id="BodyLabel">According to the OCR, the crosswalk provides a
helpful roadmap for HIPAA covered entities and business associates to
better understand the overlap between the HIPAA Security Rule and NIST
Cybersecurity Framework. According to the OCR, “[a]lthough the security
rule does not require use of the NIST Cybersecurity Framework, and use
of the [F]ramework does not guarantee HIPAA compliance, the crosswalk
provides an informative tool for entities to use to help them more
comprehensively manage security risks in their environments.”</span></p>
<p>
<span id="BodyLabel">In its announcement about the crosswalk, the OCR
recognized that health information maintained by health care providers
has become an “increasingly attractive target for cyberattacks.” It
cited to a July 25, 2015 report in USA Today, which states that the
healthcare industry accounts for 42.5% of all data breaches over the
last three years. The OCR hopes that entities will use the crosswalk
and take action to address any gaps they may have in their cybersecurity
programs. Addressing these gaps “can bolster compliance with the
Security Rule and improve an entity’s ability to secure ePHI from a
broad range of threats.” </span></p>
<p>
<span id="BodyLabel">The crosswalk may be found <a class="" href="http://www.hhs.gov/sites/default/files/NIST%20CSF%20to%20HIPAA%20Security%20Rule%20Crosswalk%2002-22-2016%20Final.pdf" target="blank">here</a>.<br>
Information on the HIPAA Security Rule may be found <a class="" href="http://www.hhs.gov/hipaa/for-professionals/security/" target="blank">here</a>.<br>
The NIST Framework may be found <a class="" href="http://www.nist.gov/cyberframework/upload/cybersecurity-framework-021214.pdf" target="blank">here</a>.</span></p><br>
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