Example Engagement Post-Breach Risk Assessment for a University Health System
After a breach of protected health information (PHI), a university health system engaged outside counsel and HALOCK to create a risk-based roadmap toward “reasonable” and “appropriate” security. The health system was concerned that the Department of Health and Human Services Office for Civil Rights (“OCR”) would impose an unreasonably burdensome security plan. The team used Duty of Care Risk Analysis (“DoCRA”) to define the health system’s acceptable risk definition which included their mission to care for the university community, their objectives to operate as a successful health system, and their obligations to protect their patient population and protected health information. The health system could then evaluate both their security risks and security controls for reasonableness to be sure that neither the risks nor the burden of controls would be too great. HALOCK conducted a risk analysis of the environment that caused the breach, vetting our findings with counsel prior to delivery to the client. HALOCK and outside counsel modeled a roadmap for reducing the identified risks to a degree that OCR found to be “reasonable” and that they accepted as the foundation for the health systems’ risk management program.
Reasonable Security is Now Defined
The Sedona Conference – an influential think tank that advices attorneys, regulators, and judges on challenging technical matters – just released its Commentary on a Reasonable Security Test. The Commentary is the first document of its kind that provides the legal community with a clear definition of a “reasonable” security control.
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