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The US is moving ‘left of bang’ with cyber security governance and compliance, and the October 2021 announcement by the US DoJ is a clear demonstration that cyber regulatory enforcement is front and centre. For the US healthcare sector that is already under regulatory oversight through HIPAA and the use of the FCA and its associated whistle-blower program as an effective tool for regulatory compliance could be of concern.
‘For the health industry, the implications of the initiative should be broadly assessed. FCA cyber fraud exposure is now a parallel exposure to federal Health Insurance Portability and Accountability Act, Health Information Technology for Economic and Clinical Health Act, and state law enforcement with potentially much graver consequences.’
Whistle-blower programs have had success with the SEC and the number of successful cyber attacks on US healthcare providers maybe an indication of cybersecurity maturity across the industry. Non-the less the US is moving forward with cybersecurity enforcement and intends to regulate cybersecurity and enforce cyber in the board room.
As the article sets out creating legal precedence will be the big challenge without getting bogged down in long protracted legal cases may be a challenge, but it won’t stop the process moving forward. The DoJ has set out its position for future action.
Ted Dziekanowski Brian McCarthy Jason Spezzano
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