How the NIST Cybersecurity Framework relates to HIPAA compliance

Recently, healthcare providers and health plans have been major targets of cyberattacks, causing the impermissible disclosure of protected health information (PHI). 

The Office for Civil Rights accordingly posted a crosswalk to assist HIPAA-covered entities in strengthening their security. It maps the HIPAA Security Rule to the National Institute of Standards and Technology (NIST) Cybersecurity Framework, giving documented guidance that organizations can use to improve cybersecurity.

How the NIST framework helps providers meet HIPAA 

As healthcare data increases in value and data breaches rise, US Today reports, “In the last three years alone, the health sector took 42.5% of all the breaches reported, and 91% of health organizations reportedly encountered a breach within the past two years.” 

In 2014, NIST introduced the Cybersecurity Framework to help organizations manage cyber risks. Variants of this framework have since been adopted across industries, including healthcare. The crosswalk specifically maps healthcare organizations' existing security practices onto this NIST framework, as the HIPAA Security Rule mandates safeguarding protected health information (PHI).

HIPAA requires organizations to implement administrative, physical, and technical measures to safeguard PHI. However, keeping up with these evolving security demands can be challenging. 

As such, the crosswalk helps healthcare entities better align their cybersecurity efforts with both HIPAA and NIST. It gives a structured approach, mapping the framework’s five core functions into corresponding safeguards under the HIPAA Security Rule.

Ultimately, it helps healthcare organizations spot and close security gaps that could leave PHI vulnerable, improving their security as these threats increase.

How the NIST-HIPAA crosswalk improves risk management

“Organizations that use the NIST Cybersecurity Framework or the HIPAA Security Rule can utilize the crosswalk to identify any gaps in their security programs,” the Office of Civil Rights explains. The OCR also encourages healthcare entities to take advantage of the tool to better manage security risks and overall compliance.

However, the crosswalk is not a mandate for HIPAA compliance. Instead, it is a document that would enhance security practices. So, if an organization followed the NIST framework, it would not guarantee HIPAA compliance but provide the organization with a better understanding of cybersecurity threats and how to handle them.

Applying NIST’s 5 core functions to meet HIPAA

The HIPAA Security Rule allows flexibility for accommodations regarding appropriate safeguards by a healthcare organization because of its size, complexity, and capability. It makes it conceivable for frameworks such as NIST to integrate into what an entity may or may not have.

Specifically, the NIST's Cybersecurity Framework lists its 5 functions:

1. Identify: Organizations must understand their cybersecurity risks and assets. HIPAA also requires risk analysis, where healthcare providers must identify potential risks to administrative safeguards.
2. Protect: Implementing physical and technical safeguards for data systems also aligns with HIPAA’s required access controls, encryption, and workforce training so only authorized individuals can access PHI.
3. Detect: Healthcare organizations must identify cybersecurity incidents to mitigate the risk of potential damage. In the same way, HIPAA requires regular auditing and monitoring systems to detect unauthorized PHI access.
4. Respond: Organizations must be prepared to address detected cybersecurity events. As HIPAA mandates, they must develop a security incident response plan outlining how to mitigate potential damage and maintain compliance.
5. Recover: Following a cybersecurity incident, these organizations must quickly restore their services, according to HIPAA’s contingency planning requirements. Specifically, this function can include data backup, disaster recovery, and emergency operations procedures to restore PHI in case of a future data breach.

What are the consequences of violating HIPAA?

Organizations that do not meet HIPAA requirements put their patients and their businesses at risk. 

These organizations expose themselves to litigation, hefty fines, and reputational damage. The OCR enforces these penalties, where fines for non-compliance can range from $100 to $50,000 per violation, with a maximum annual penalty of $1.5 million for identical provisions.

Beyond its financial repercussions, non-compliance can also severely damage an organization's reputation, leading to a loss of business and negative publicity. Therefore, providers must be HIPAA compliant, protecting PHI from unauthorized access and data breaches.

Learn more: Healthcare data breaches: Insights and implications

FAQs

Is adhering to the NIST Cybersecurity Framework necessary for HIPAA compliance?

No, healthcare organizations are not required to use the NIST framework for HIPAA compliance. However, the crosswalk is a good tool for those interested in improving their security functions and furthering HIPAA compliance.

Can HIPAA compliance give an organization a competitive advantage?

Yes, being HIPAA compliant can attract more patients and business partners, differentiating an organization from its competitors.

How does HIPAA compliant email improve cybersecurity?

HIPAA compliant email, like Paubox, offers audit trails, access controls, and malware scanning. These features track PHI access and limit threat exposure, enhancing security against phishing and malware attacks.

Furthermore, Paubox email meets HIPAA’s Security Rule, helping organizations avoid penalties after a cyber incident.

Learn more: HIPAA Compliant Email: The Definitive Guide