View all text of Subchapter III [§ 1531 - § 1534]
§ 1533. Improving cybersecurity in the health care industry
(a) DefinitionsIn this section:
(1) Appropriate congressional committeesThe term “appropriate congressional committees” means—
(A) the Committee on Health, Education, Labor, and Pensions, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Energy and Commerce, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Business associate
(3) Covered entity
(4) Cybersecurity threat; cyber threat indicator; defensive measure; Federal entity; non-Federal entity; private entity
(5) Health care clearinghouse; health care provider; health plan
(6) Health care industry stakeholderThe term “health care industry stakeholder” means any—
(A) health plan, health care clearinghouse, or health care provider;
(B) advocate for patients or consumers;
(C) pharmacist;
(D) developer or vendor of health information technology;
(E) laboratory;
(F) pharmaceutical or medical device manufacturer; or
(G) additional stakeholder the Secretary determines necessary for purposes of subsection (b)(1), (c)(1), (c)(3), or (d)(1).
(7) Secretary
(b) Report
(1) In general
(2) Contents of reportWith respect to the internal response of the Department of Health and Human Services to emerging cybersecurity threats, the report under paragraph (1) shall include—
(A) a clear statement of the official within the Department of Health and Human Services to be responsible for leading and coordinating efforts of the Department regarding cybersecurity threats in the health care industry; and
(B) a plan from each relevant operating division and subdivision of the Department of Health and Human Services on how such division or subdivision will address cybersecurity threats in the health care industry, including a clear delineation of how each such division or subdivision will divide responsibility among the personnel of such division or subdivision and communicate with other such divisions and subdivisions regarding efforts to address such threats.
(c) Health care industry cybersecurity task force
(1) In generalNot later than 90 days after December 18, 2015, the Secretary, in consultation with the Director of the National Institute of Standards and Technology and the Secretary of Homeland Security, shall convene health care industry stakeholders, cybersecurity experts, and any Federal agencies or entities the Secretary determines appropriate to establish a task force to—
(A) analyze how industries, other than the health care industry, have implemented strategies and safeguards for addressing cybersecurity threats within their respective industries;
(B) analyze challenges and barriers private entities (excluding any State, tribal, or local government) in the health care industry face securing themselves against cyber attacks;
(C) review challenges that covered entities and business associates face in securing networked medical devices and other software or systems that connect to an electronic health record;
(D) provide the Secretary with information to disseminate to health care industry stakeholders of all sizes for purposes of improving their preparedness for, and response to, cybersecurity threats affecting the health care industry;
(E) establish a plan for implementing subchapter I of this chapter, so that the Federal Government and health care industry stakeholders may in real time, share actionable cyber threat indicators and defensive measures; and
(F) report to the appropriate congressional committees on the findings and recommendations of the task force regarding carrying out subparagraphs (A) through (E).
(2) Termination
(3) Dissemination
(d) Aligning health care industry security approaches
(1) In generalThe Secretary shall establish, through a collaborative process with the Secretary of Homeland Security, health care industry stakeholders, the Director of the National Institute of Standards and Technology, and any Federal entity or non-Federal entity the Secretary determines appropriate, a common set of voluntary, consensus-based, and industry-led guidelines, best practices, methodologies, procedures, and processes that—
(A) serve as a resource for cost-effectively reducing cybersecurity risks for a range of health care organizations;
(B) support voluntary adoption and implementation efforts to improve safeguards to address cybersecurity threats;
(C) are consistent with—
(i) the standards, guidelines, best practices, methodologies, procedures, and processes developed under section 272(c)(15) of title 15;
(ii) the security and privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note); and
(iii) the provisions of the Health Information Technology for Economic and Clinical Health Act (title XIII of division A, and title IV of division B, of Public Law 111–5), and the amendments made by such Act; and
(D) are updated on a regular basis and applicable to a range of health care organizations.
(2) LimitationNothing in this subsection shall be interpreted as granting the Secretary authority to—
(A) provide for audits to ensure that health care organizations are in compliance with this subsection; or
(B) mandate, direct, or condition the award of any Federal grant, contract, or purchase, on compliance with this subsection.
(3) No liability for nonparticipation
(e) Incorporating ongoing activities
(f) Rule of construction
(Pub. L. 114–113, div. N, title IV, § 405, Dec. 18, 2015, 129 Stat. 2981.)