As cyberattacks continue to occur in record numbers, data breaches remain a growing concern across all industries. The healthcare industry in particular suffers from numerous data breach attempts each year, with recent healthcare data breaches affecting as many as tens of thousands of patients.
With the extensive legal and regulatory knowledge covered in an M.L.S. program, healthcare professionals can take proactive steps to safeguard health records and personal information.
Understanding What Data Breaches in Healthcare Are
What is considered a data breach in healthcare? A healthcare data breach is defined as any unauthorized use, disclosure, disruption, modification, or destruction of sensitive health information. Various types of healthcare data can be involved in a breach, including medical records and financial details.
The United States Department of Health and Human Services Office for Civil Rights maintains a record of healthcare data breaches within the last 24 months. Here, you can find a list of hundreds of reports from this year alone, with some recent breaches affecting hundreds of thousands of individuals.
Impact of Data Breaches on Patient Trust and Healthcare Costs
Data breaches can result in serious consequences for healthcare organizations and patients alike, including:
- Erosion of patient trust in healthcare providers and institutions.
- Substantial financial losses for healthcare organizations; the average cost of a healthcare data breach totals nearly $11 million when factoring in legal fees, remediation costs, and related expenses.
- Potential harm to patients in the form of identity theft, medical fraud, and delayed or compromised care.
The Role of Human Error in Healthcare Data Breaches
Despite the automation of many healthcare data services, human error remains a significant contributing factor to healthcare data breaches. For example, Avant Mutual lists private information accidentally being sent to the wrong recipient as the cause of more than 40% of all human error data breaches in 2022.
The Growing Threat of Data Breaches in Healthcare
In recent years, healthcare data breaches specifically have escalated both in frequency and complexity. Unfortunately, the value of health data on the black market remains high, so hackers are motivated to carry out these attacks. Meanwhile, emerging trends (such as ransomware attacks) continue to target the healthcare infrastructure.
Common Types of Data Breaches in Healthcare Settings
There are several common types of data breaches in healthcare settings, including:
- Cyberattacks (including hacking, malware, and ransomware)
- Insider threats (which may be intentional or accidental)
- Theft or loss of physical devices (such as laptops, tablets, and other devices)
- Third-party vendor breaches
- Unauthorized access/disclosure
Strategies for Preventing Data Breaches in Healthcare
Healthcare facilities need to take a holistic, multi-layered approach to data security in order to mitigate risks and keep medical records as safe as possible. Below are some specific strategies healthcare facilities can leverage to prevent data breaches.
1. Implementing Strong Data Encryption Practices
Data encryption is one of the best ways to protect sensitive data. Encryption involves converting data into ciphertext using an encryption key. When data is encrypted, it becomes essentially unreadable and thus unusable without a decryption key. In this sense, even if data is compromised, attackers will be unable to use the information without the decryption key.
2. Conducting Regular Security Risk Assessments
Healthcare facilities should also be conducting regular security risk assessments as a means of identifying potential vulnerabilities. Typically, these assessments are performed by cybersecurity or IT professionals, with specific recommendations made to healthcare administrators and other decision-makers.
3. Training Healthcare Staff on Data Protection Best Practices
Healthcare workers who handle sensitive patient data (including administrative staff) should be properly trained in best practices for protecting health data and records. This includes training on relevant Health Insurance Portability and Accountability Act (HIPAA) regulations along with other compliance laws related to data privacy specifically.
Additionally, workers should take common-sense measures to maintain security—such as creating strong passwords and setting up multi-factor authentication for accounts where applicable.
4. Advantages of Using Advanced Cybersecurity Technologies
These days, a range of emerging technologies and innovations are improving cybersecurity in healthcare while giving patients more control over their own data. Blockchain technology, for instance, is now used as a secure and efficient means of sharing data with patients. As healthcare facilities continue to adopt more innovative cybersecurity technology, they can build a stronger sense of trust and rapport with patients while protecting themselves from potentially costly data breaches.
5. Establishing a Comprehensive Incident Response Plan
Lastly, all healthcare facilities should have a comprehensive incident response plan in place that can be quickly executed in the event that a data breach does occur. When data breaches happen, reacting quickly can mitigate damage while potentially minimizing the cost of recovery.
It is also worth noting HIPAA's breach notification rule, which specifies that breaches affecting 500 or more individuals must be reported promptly on the HHS website.
The Significance of an M.L.S. Degree in Healthcare Data Breach Prevention
If you work in healthcare or healthcare administration and seek to expand your knowledge of data security, then completing an M.L.S. degree program can be a great way to make that happen.
Specifically, an M.L.S. program with a healthcare track will cover relevant topics like health law, privacy law, risk assessment, legal research, and other skills that can be directly applied to this line of work. Plus, an M.L.S. education empowers graduates to better understand the legal and ethical dimensions of handling healthcare data.
1. Understanding the Legal Aspects of Healthcare Data
The legal aspects of handling and storing healthcare data can be highly complex, which is why any M.L.S. program covering healthcare should include coursework on U.S. laws and regulations related to the use of data and medical records.
2. M.L.S. Curriculum: Focusing on Privacy Law and Cybersecurity
Data privacy laws and cybersecurity are also important aspects of an M.L.S. healthcare program, as professionals handling sensitive medical information need to be informed on requirements and best practices. This is especially true when it comes to laws regulating third-party access to medical records as well as legal and regulatory frameworks surrounding cybersecurity in the U.S.
3. Knowledge of HIPAA Regulations and Compliance Measures
The Health Insurance Portability and Accountability Act sets forth strict regulations and compliance measures that all healthcare providers must follow regarding the protection of medical records and data. Students in an M.L.S. healthcare track can learn about healthcare providers' contractual and legal obligations as they relate to data privacy, which can encourage compliance in the workplace.
4. Training on Identifying and Responding to Potential Security Threats
Healthcare risk management is another central aspect of an M.L.S. program, with coursework examining topics such as internal and external risks—along with ways to mitigate them in a healthcare setting. With a better understanding of security risks and potential threats that are out there, healthcare facilities can identify and respond to them more proactively.
5. Educating Organizations on Data Breach Prevention
Graduates of an M.L.S. degree program understand the intricacies of identifying, preventing, and responding to data breaches in a healthcare setting. This level of knowledge makes it possible for them to return to their own jobs and educate organizations on proper data breach prevention strategies, which could improve the overall security of patient data.
How Can Healthcare Organizations Prepare for Potential Data Breaches?
Even with all the right prevention strategies in place, healthcare organizations still must be prepared to respond to a data breach at any given time. When a breach occurs, every second matters—so taking steps to plan and prepare can make all the difference.
Fortunately, there are some practical steps that healthcare organizations can take to prepare for potential data breaches. This includes:
- Having an incident response plan in place that involves formally reporting the breach (if required) and taking measures to notify affected individuals.
- Conducting regular security audits to identify and resolve potential security vulnerabilities.
- Ensuring that all sensitive healthcare data is encrypted.
- Providing healthcare workers with comprehensive cybersecurity training and education, including guidance on HIPAA regulations and similar compliance requirements.
With a comprehensive plan at the ready, healthcare facilities will be empowered to act quickly if and when a breach occurs so they can mitigate potential damage while reducing the costs associated with recovering from a data breach.
How Does an M.L.S. Degree Equip Professionals for Roles in Data Breach Prevention?
With the topics explored in a Master of Legal Studies program, healthcare administrators can benefit from an M.L.S. and become well-suited to contribute to data breach prevention efforts in the facilities where they work. In fact, graduates from an M.L.S. program may even qualify for more advanced roles where they can put their legal and practical knowledge to use, such as:
- Healthcare compliance officer – Ensures that healthcare facilities are following all applicable compliance laws and industry regulations in their operations.
- Privacy officer (also known as a HIPAA privacy officer) – Ensures that healthcare facilities are specifically adhering to HIPAA laws.
- Risk management specialist – Assesses and evaluates potential risks (including data breaches) and their likelihood of occurring within a healthcare facility. These professionals also make specific recommendations for mitigating such risks.
Professionals in these roles can put to use their extensive understanding of HIPAA and data privacy laws, healthcare risk management, and cybersecurity—taking proactive measures to ensure that facilities are complying with data privacy regulations while minimizing the risk of data breaches.
Learn More About an M.L.S. Degree Today
Although the threat of healthcare data breaches may not subside anytime soon, the good news is that there are plenty of prevention strategies that can improve healthcare data protection. Meanwhile, obtaining an M.L.S. degree can equip healthcare workers with the foundational knowledge they need to enhance data security, understand the complex legal aspects of healthcare data, and ensure HIPAA compliance.
At the University of Miami School of Law, we offer an online Master of Legal Studies program with a specialized healthcare track. This 30-credit M.L.S. curriculum covers key topics related to information privacy law, healthcare risk management, cybersecurity, and managing cyber breaches. Learn more about this program today or get started with your online application.
Sources
https://admissions.law.miami.edu/academics/MLS/
https://admissions.law.miami.edu/academics/MLS/curriculum/
https://admissions.law.miami.edu/academics/mls/curriculum/#healthcare
https://ocrportal.hhs.gov/ocr/breach/breach_report.jsf
https://securityintelligence.com/articles/cost-of-a-data-breach-2023-healthcare-industry-impacts/
https://avant.org.au/resources/7-steps-to-avoiding-a-human-data-breach
https://telefonicatech.uk/articles/healthcare-data-security
https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html
