A dental practice needs to navigate a lot of sensitive data and PHI (patient health information) while dealing with a daily influx of patients. There are also financial transactions and records along with other private business data that must be kept confidential. It is thus imperative for a dental practice to stay compliant by having adequate security layers and arrangements while also being equipped to handle a compliance breach.
Steps a dental practice should follow in case of a compliance breach
A potential breach or a security incident needs to be identified early and documented. This can be done through multiple means such as system logs, employee reports, security monitoring platforms, or even suspicious activity alerts.
The practice needs to assign the task of response to breaches to a select team across functions that include finance, legal, IT, and business. individuals from IT, Small practices may not have multiple functions, but a small team can be assigned to handle a breach. This team will need to align and execute the plan in case there is a breach.
The response team needs to make an initial assessment of the breach by collating all possible information. The type and scope of the incident and the category of data that could be compromised must be ascertained. The probable impact on the practice and patients must also be gauged.
All information sources need to be tapped and a report compiled. The sources include cybersecurity tools, data servers, and network devices. In addition, discussions must be done with the staff to collect any useful insights about the breach. The information must include
All evidence of the breach must be preserved, and the response team must observe the hacker’s current activity to verify if leaks are happening while the investigation is on.
All sources of the data breach must be eliminated. If the cause of the breach was internal, then all accounts that leaked information must be disabled, An external threat such as malware will warrant the IT team to clean the affected system and secure pending vulnerabilities.
Once the breach has been contained and eradicated, the practice must resume normal operations. Security experts need to monitor the systems and the network and confirm that all threats have been successfully eliminated.
All affected individuals or parties need to be notified about a breach. If a notification is sent on time, the affected party can take defensive measures that might even include a password change. The list of parties who need to be notified will depend on the kind of data that has been compromised. It must be noted that a delay in notifying the authorities can result in penalties.
Engage external experts, such as legal counsel or cybersecurity professionals experienced in HIPAA breaches, to provide guidance and support throughout the assessment and containment process.
Incidents that fall under HIPAA and OSHA require reporting and responding as per defined protocols.
Breaches of patient information under HIPAA need prompt reporting. If the breach affects 500 or more patients, the incident must be reported to the Office for Civil Rights within 60 days of discovery. All breaches affecting less than 500 patients must be reported by the first of March in the following. Patients, however, should be updated about breaches within 60 days of discovery.
Injury and illness reporting requirements under OSHA need to be tackled as per the severity of the incident. While some injuries would have to be reported immediately, some might have a grace period to do so.
A dental practice needs to take several measures to protect and safeguard itself using the most efficient means at its disposal. A thorough understanding of where possible risks and breaches can happen and get mitigated will stand the practice in good stead. The team needs to prepare ahead of time so that it can effectively manage breaches as and when they arise. Seeking legal guidance can enable the practice to handle compliance breaches promptly and adeptly.
