Lance's Corner

ARPA-H Launches Hospital Cybersecurity Initiative

May 20, 2024

The Advanced Research Projects Agency for Health (ARPA-H) is launching an initiative to create information technology tools to help hospitals with cybersecurity.

ARPA-H announces program to enhance and automate cybersecurity for health care facilities

The program seeks to protect operations and ensure the continuity of patient care

Safeguarding protected health information is a top priority for the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR).  OCR is sharing the following announcement of Advanced Research Projects Agency for Health (ARPA-H) on the launch of Universal PatchinG and Remediation for Autonomous DEfense (UPGRADE) program, a cybersecurity effort that will invest more than $50 million to create tools for information technology (IT) teams to better defend the hospital environments they are tasked with securing.  Cyberattacks that hamper hospital operations can impact patient care while critical systems are down and can even lead to facility closure.  A major hurdle in advancing cybersecurity tools in the health sector is the number and variety of internet-connected devices unique to each facility.  While consumer products are patched regularly and rapidly, taking a critical piece of hospital infrastructure offline for updates can be very disruptive.  Delayed development and deployment of software fixes can leave actively supported devices vulnerable for over a year and unsupported legacy devices vulnerable far longer.  

“We continue to see how interconnected our nation’s health care ecosystem is and how critical it is for our patients and clinical operations to be protected from cyberattacks.  Today’s launch is yet another example of HHS’ continued commitment to improving cyber resiliency across our health care system," said HHS Deputy Secretary Andrea Palm.  "ARPA-H’s UPGRADE will help build on HHS' Healthcare Sector Cybersecurity Strategy to ensure that all hospital systems, large and small, are able to operate more securely and adapt to the evolving landscape."

“It’s particularly challenging to model all the complexities of the software systems used in a given health care facility, and this limitation can leave hospitals and clinics uniquely open to ransomware attacks,” explained UPGRADE Program Manager Andrew Carney.  “With UPGRADE, we want to reduce the effort it takes to secure hospital equipment and guarantee that devices are safe and functional so that health care providers can focus on patient care.”

Filling this gap in digital health security will take expertise from IT staff, medical device manufacturers and vendors, health care providers, human factors engineers, and cybersecurity experts to create a tailored and scalable software suite for hospital cyber-resilience.  The UPGRADE platform will enable proactive evaluation of potential vulnerabilities by probing models of digital hospital environments for weaknesses in software.  Once a threat is detected, a remediation (e.g., patch) can be automatically procured or developed, tested in the model environment, and deployed with minimum interruption to the devices in use in a hospital.

“Health isn’t just something that impacts an individual, and ARPA-H is investing in ways to build stronger, healthier, and more resilient health care systems that can sustain themselves between crises,” said ARPA-H Director Renee Wegrzyn, Ph.D.  “UPGRADE will speed the time from detecting a device vulnerability to safe, automated patch deployment down to a matter of days, providing confidence to hospital staff and peace of mind to the people in their care.”

Addressing vulnerabilities in health care and data security is a challenge that ARPA-H is uniquely positioned to address.  ARPA-H's Digital Health Security Initiative, DIGIHEALS, launched last summer and is focused on securing individual applications and devices.  The agency has also recently partnered with Defense Advanced Research Projects Agency for the Artificial Intelligence Cyber Challenge, or AIxCC, a prize competition to secure open-source software used in critical infrastructure.  UPGRADE aims to secure whole systems and networks of medical devices to ensure solutions can be employed at scale.  Through a forthcoming solicitation, UPGRADE seeks performer teams to submit proposals on four technical areas: creating a vulnerability mitigation software platform, developing high-fidelity digital twins of hospital equipment, auto-detecting vulnerabilities, and auto-developing custom defenses.  Multiple awards under this solicitation are anticipated.  To learn more about UPGRADE, including information about the draft solicitation, virtual Proposers’ Day registration, and how to state interest in forming an applicant team, visit the UPGRADE program page.  For more information on HHS’ Cybersecurity Performance Goals and HHS’ cybersecurity work, visit HHS Cybersecurity Gateway.

Additionally, OCR has provided additional resources to help entities protect their record systems and patients from cyberattacks, including:

  • OCR HIPAA Security Rule Guidance Material – This webpage provides educational materials to learn more about the HIPAA Security Rule and other sources of standards for safeguarding electronic protected health information.  Materials include a Recognized Security Practices Video, Security Rule Education Paper Series, HIPAA Security Rule Guidance, OCR Cybersecurity Newsletters, and more.
  • OCR Video on How the HIPAA Security Rule Protects Against Cyber-Attacks  – This video educates the health care industry on real world cyber-attack trends from OCR breach reports and investigations and explores how implementation of HIPAA Security Rule safeguards can help detect and mitigate common cyber-attacks.  Topics include OCR breach and investigation trend analysis, common attack vectors, OCR investigations of weaknesses that led to or contributed to breaches, and how Security Rule compliance can help regulated entities defend against cyber-attacks.
  • OCR HIPAA Risk Analysis Webinar – This webinar discusses the HIPAA Security Rule Risk Analysis discusses the HIPAA Security Rule requirements for conducting an accurate and thorough assessment of potential risks and vulnerabilities to electronic protect health information and reviews common risk analysis deficiencies OCR has identified in its investigations.
  • HHS Security Risk Assessment Tool – This tool is designed to assist small- to medium-sized entities in conducting an internal security risk assessment to aid in meeting the security risk analysis requirements of the HIPAA Security Rule.
  • Factsheet: Ransomware and HIPAA – This resource provides information on what is ransomware, what covered entities and business associates should do if their information systems are infected, and HIPAA breach reporting requirements.
  • Healthcare and Public Health (HPH) Cybersecurity Performance Goals – These voluntary, health care specific cybersecurity performance goals can help health care organizations strengthen cyber preparedness, improve cyber resiliency, and protect patient health information and safety.
  • Ransomware Guidance – OCR’s ransomware guidance provides specific information on the steps covered entities and business associates should take to determine if a ransomware incident is a HIPAA breach.  A breach, under the HIPAA Rules, is defined as, “…the acquisition, access, use, or disclosure of [PHI] in a manner not permitted under the [HIPAA Privacy Rule] which compromises the security or privacy of the PHI.”  See 45 CFR 164.402.  Whether the presence of ransomware would be a breach under the HIPAA Rules is a fact-specific determination.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc