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Fourth Annual Benchmark Study on
Patient Privacy & Data Security
Ponemon Institute© Research Report
Sponsored by ID Experts
Independently conducted by Ponemon Institute LLC
Publication Date: March 2014
  	
   	
  
Ponemon Institute: Private & Confidential Report 2	
  
Fourth Annual Benchmark Study on Patient Privacy & Data Security
Presented by Ponemon Institute
March 2014
Part 1. Introduction
The Fourth Annual Study on Patient Privacy & Data Security reveals new and expanded threats
to the security and privacy of patient information in the U.S. healthcare system. The Affordable
Care Act (ACA) is seen as a contributing factor because of the documented insecure websites,
databases and health information exchanges that are highly vulnerable to insider and outsider
threats. While the total number of data breaches has declined slightly over previous years, almost
every healthcare organization represented in this research had a data breach. The study also
found that healthcare organizations continue to struggle to comply with increasing complex
federal and state privacy and security regulations.
Criminal attacks on healthcare systems have risen a startling 100 percent since we first
conducted this study four years ago in 2010. Healthcare employees are fueling breach risks by
increased use of their personal unsecured devices (smartphones, laptops and tablets). Business
Associates—those that have access to PHI and work with healthcare organizations—are not yet
in compliance with the HIPAA Final Rule.
Data breaches continue to cost some healthcare organizations millions of dollars every year.
While the cost can range from less than $10,000 to more than $1 million, we calculate that the
average cost for the organizations represented in this year’s benchmark study is approximately
$2 million over a two-year period. This is down from $2.4 million in last year’s report as well as
from the $2.2 million reported in 2011 and $2.1 million in 2010. Based on the experience of the
healthcare organizations in this benchmark study, we believe the potential cost to the healthcare
industry could be as much as $5.6 billion annually.
1
The types of healthcare organizations participating in the study are hospitals or clinics that are
part of a healthcare network (49 percent), integrated delivery systems (34 percent) and
standalone hospital or clinic (17 percent). This year 91 healthcare organizations participated in
this benchmark research and 388 interviews were conducted
2
. All organizations in this research
are subject to HIPAA as a covered entity. Most respondents interviewed work in compliance, IT,
patient services and privacy.
Key Research Findings:
The number of data breaches decrease slightly. Ninety percent of healthcare organizations in
this study have had at least one data breach in the past two years. However, 38 percent report
that they have had more than five incidents. This is a decline from last year’s report when 45
percent of organizations had more than 5. This coupled with an increase in organizations’ level of
confidence in data breach detections suggests that modest improvements have been made in
reducing threats to patient data.
Healthcare organizations improve ability to control data breach costs. The economic impact
of one or more data breaches for healthcare organizations in this study ranges from less than
$10,000 to more than $1 million over a two-year period. Based on the ranges reported by
respondents, we calculated that the average economic impact of data breaches over the past two
years for the healthcare organizations represented in this study is $2.0 million. This is a decrease
of almost $400,000 or 17 percent since last year.
	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  
1
This is based on multiplying $986,948 (50% of the average two year cost of a data breach experienced by the 91
healthcare organizations in this research) x 5,723 (the total number of registered US hospitals per the AHA).
2
Benchmark research differs from survey research. The unit of analysis in benchmark research is the organization and in
survey research it is the individual.
  	
   	
  
Ponemon Institute: Private & Confidential Report 3	
  
ACA increases risk to patient privacy and information security. Respondents in 69 percent
of organizations represented believe the ACA significantly increases (36 percent) or increases
(33 percent) risk to patient privacy and security. The primary concerns are insecure exchange of
patient information between healthcare providers and government (75 percent of organizations),
patient data on insecure databases (65 percent) and patient registration on insecure websites (63
percent of organizations).
ACO participation increases data breach risks. Fifty-one percent of organizations say they are
part of an Accountable Care Organization (ACO) and 66 percent say the risks to patient privacy
and security due to the exchange of patient health information among participants has increased.
When asked if their organization experienced changes in the number of unauthorized disclosure
of PHI, 41 percent say it is too early to tell. Twenty-three percent say they noticed an increase.
Confidence in the security of Health Information Exchanges (HIEs) remains low. An HIE is
defined as the mobilization of healthcare information electronically across organizations within a
region, community or hospital system. The percentage of organizations joining HIEs increased
only slightly. This year, 32 percent say they are members and this is up slightly from 28 percent
last year. One-third of organizations say they do not plan to become a member. The primary
reason could be that 72 percent of respondents say they are only somewhat confident (32
percent) or not confident (40 percent) in the security and privacy of patient data share on HIEs.
Criminal attacks on healthcare organizations increase 100 percent since 2010. Insider
negligence continues to be at the root of most data breaches reported in this study but a major
challenge for healthcare organizations is addressing the criminal threat. These types of attacks
on sensitive data have increased 100 percent since the study was conducted in 2010 from 20
percent of organizations reporting criminal attacks to 40 percent of organizations in this year’s
study.
Employee negligence is considered the biggest security risk. Seventy-five percent of
organizations say employee negligence is their biggest worry followed by use of public cloud
services (41 percent), mobile device insecurity (40 percent) and cyber attackers (39 percent).
BYOD usage continues to rise. Despite the concerns about employee negligence and the use
of insecure mobile devices, 88 percent of organizations permit employees and medical staff to
use their own mobile devices such as smart phones or tablets to connect to their organization’s
networks or enterprise systems such as email. Similar to last year, more than half of
organizations are not confident that the personally-owned mobile devices or BYOD are secure.
Heavy use of cloud services increases. As discussed above, healthcare organizations view the
use of public cloud services as a serious threat. In fact, only one-third are very confident or
confident that information in a public cloud environment is secure. Despite the risk, 40 percent of
organizations say they use the cloud heavily, an increase from 32 percent last year. The
applications or services most used are backup and storage, file-sharing applications, business
applications and document sharing and collaboration.
Half of healthcare organizations are compliant with the post-incident risk assessment
requirement in the Final Rule. Fifty-one percent of respondents said they are in full compliance
while 49 percent report they are not compliant or are only partially compliant. Thirty-nine percent
say their incident assessment process is not effective and cite a lack of consistency and inability
to scale their process as the primary reasons.
Healthcare organizations don’t trust their third parties or business associates with
sensitive patient information. Seventy-three percent of organizations are either somewhat
confident (33 percent) or not confident (40 percent) that their business associates would be able
to detect, perform an incident risk assessment and notify their organization in the event of a data
breach incident as required under the business associate agreement. The business associates
  	
   	
  
Ponemon Institute: Private & Confidential Report 4	
  
they worry most about are IT service providers, claims processor and benefits management. Only
30 percent are very confident or confident that their business associates are appropriately
safeguarding patient data as required under the Final Rule.
Organizations rely on policies and procedures to achieve compliance and secure sensitive
information. Fifty-five percent of organizations agree they have the policies and procedures that
effectively prevent or quickly detect unauthorized patient data access, loss or theft. Unfortunately,
the budget, technologies and resources needed to safeguard patient information from a data
breach are not as available. Further, less than half (46 percent) of organizations have personnel
who are knowledgeable about HITECH and states’ data breach notification laws.
Majority of organizations say the HIPAA Final Rule has either not affected patient data
privacy and security programs or it’s too early to tell. The HIPAA Final Omnibus Rule seeks
to better protect patients by removing the harm threshold. Covered entities and their business
associates must still conduct an incident risk assessment, for every data security incident that
involves PHI. Rather than determine the risk of harm, the risk assessment determines the
probability that PHI has been compromised. While 44 percent of organizations say it has affected
their programs, 41 percent say it has not and 15 percent say it is too early to tell. The biggest
change has been to require policies and procedures to be updated.
Most healthcare organizations are not in compliance with AOD requirements. Less than half
of the organizations in this study report they are in full compliance (25 percent) or nearly in full
compliance (23 percent) with the Accounting of Disclosures (AOD) requirement. These
organizations say they achieve compliance mostly by an ad-hoc process (31 percent), a paper-
based process or tool that was developed internally (27 percent), a software-based process or
tool that was developed internally (27 percent) or a software-based process or tool that was
developed by a third party (15 percent).
  	
   	
  
Ponemon Institute: Private & Confidential Report 5	
  
Part 2. Key findings
In this section, we provide a more detailed analysis of the research findings. Whenever possible,
we show trends in the findings since the study was first conducted in 2010. The complete audited
results are presented in the appendix of this report. The findings are organized according to the
following issues:
• Data breaches decline but are still pervasive
• ACA puts patient data at risk
• Insider-outsider threats to sensitive data are on the rise
• Healthcare organizations struggle to comply with the HIPAA Final Rule
Data breaches decline but are still pervasive
The number of data breaches decrease slightly. Ninety percent of healthcare organizations in
this study have had at least one data breach in the past two years. As shown in Figure 1, 38
percent report they have had more than five incidents. This is a decline from last year’s report
when 45 percent of organizations had more than 5 but greater than what was first reported in
2010. This coupled with an increase in organizations’ level of confidence in data breach
detections suggests that modest improvements have been made in reducing threats to patient
data.
Figure 1. Experienced a data breach involving the loss of patient data in the past two years
10%
16%
36%
38%
6%
16%
33%
45%
4%
17%
33%
46%
14%
26%
31% 29%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
No Yes, 1 incident Yes, 2 to 5 incidents Yes, more than 5
incidents
FY 2013 FY 2012 FY 2011 FY 2010
  	
   	
  
Ponemon Institute: Private & Confidential Report 6	
  
Consistent with the previous three annual studies, the data breaches are most likely to involve
healthcare records with the most sensitive and valuable information for identity thieves. According
to Figure 2, billing and insurance records and medical files are the most likely to be lost or stolen.
Figure 2. Type of patient data lost or stolen
More than one choice permitted
3%
19%
20%
25%
17%
47%
49%
2%
20%
15%
19%
24%
48%
48%
2%
18%
18%
20%
22%
46%
49%
0% 10% 20% 30% 40% 50% 60%
Other
Prescription details
Monthly statements
Scheduling details
Payment details
Medical file
Billing and insurance record
FY 2013 FY 2012 FY 2011
  	
   	
  
Ponemon Institute: Private & Confidential Report 7	
  
Healthcare organizations improve ability to control data breach costs. The economic impact
of one or more data breaches for healthcare organizations in this study ranges from less than
$10,000 to more than $1 million over a two-year period. Based on the ranges reported by
respondents, we calculated that the average economic impact of data breaches over the past two
years for the healthcare organizations represented in this study is $1,973,895, as shown in Figure
3. This is a decrease of 17 percent or almost $400,000 since last year.
Figure 3. Economic impact of data breach incidents experienced over the past two years
Average economic impact of data breach over the past two years is	
  $1,973,895	
  
7%
4%
1%
4%
11%
25%
19%
29%
5%
5%
2%
3%
8%
26%
21%
30%
5%
3%
1%
3%
8%
23%
26%
31%
5%
5%
3%
4%
10%
26%
22%
25%
0% 5% 10% 15% 20% 25% 30% 35%
Cannot determine
Less than $10,000
$10,001 to $50,000
$50,001 to $100,000
$100,001 to $200,000
$200,001 to $500,000
$500,001 to $1 million
More than $1 million
FY 2013 FY 2012 FY 2011 FY 2010
  	
   	
  
Ponemon Institute: Private & Confidential Report 8	
  
Contributing to the cost reduction is the fact that the size of the breaches decreased. According to
Figure 4, the average number of lost or stolen records per breach was 2,150. Last year the
average number was almost 3,000 records. Based on other research conducted by Ponemon
Institute, the average cost per one lost or stolen record is $188. This suggests that it could take
only one data breach to have an economic impact of $404,200.
3
Figure 4. Number of compromised records
Extrapolated average is 2,150
	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  
3
See 2013 Cost of Data Breach, conducted by Ponemon Institute, May 2013
61%
20%
12%
5%
2%
1%
42%
25%
19%
12%
2%
0%
38%
28%
21%
11%
3%
0%
49%
25%
16%
8%
2%
0%
0% 10% 20% 30% 40% 50% 60% 70%
10 to 100
101 to 1,000
1,001 to 5,000
5,001 to 10,000
10,001 to 100,000
> 100,000
FY 2013 FY 2012 FY 2011 FY 2010
  	
   	
  
Ponemon Institute: Private & Confidential Report 9	
  
ACA puts patient data at risk
ACA increases risk to patient privacy and information security. Respondents in 69 percent
of organizations represented believe the ACA significantly increases or increases the risk to
patient privacy and security. As shown in Figure 5, the primary concerns are insecure exchange
of patient information between healthcare providers and government (75 percent of
organizations), patient data on insecure databases (65 percent) and patient registration on
insecure websites (63 percent of organizations).
Figure 5. Primary concerns regarding the risks to patient information
More than one choice permitted
ACO participation increases data breach risks. Fifty-one percent of organizations say they are
part of an Accountable Care Organization (ACO) and 66 percent say the risks to patient privacy
and security due to the exchange of patient health information among participants has increased.
According to Figure 6, when asked if their organization experienced changes in the number of
unauthorized disclosure of PHI, 41 percent say it is too early to tell. Twenty-three percent say
they noticed an increase as shown in Figure 6.
Figure 6. Changes in the number of unauthorized disclosures of PHI
2%
63%
65%
75%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Other
Patient registration on insecure websites
Patient data on insecure databases
Insecure exchange of patient information
between healthcare providers and government
23%
3%
33%
41%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Yes, an increase Yes, a decrease No changes Too early to tell
  	
   	
  
Ponemon Institute: Private & Confidential Report 10	
  
Confidence in the security of Health Information Exchanges (HIEs) remains low. An HIE is
defined as the mobilization of healthcare information electronically across organizations within a
region, community or hospital system. The percentage of organizations joining HIEs increases
only slightly. This year, 32 percent say they are members and this is up slightly from 28 percent
last year. One-third of organizations say they do not plan to become a member.
Figure 7 shows that the primary reason could be that 72 percent of respondents say they are only
somewhat confident (32 percent) or not confident (40 percent) in the security and privacy of
patient data share on HIEs.
Figure 7. Confidence in the security and privacy of patient data shared on HIEs
13%
15%
32%
40%
17% 17%
30%
36%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Very confident Confident Somewhat confident Not confident
FY 2013 FY 2012
  	
   	
  
Ponemon Institute: Private & Confidential Report 11	
  
Insider-outsider threats to sensitive data are on the rise
Criminal attacks on healthcare organizations increase 100 percent since 2010. Insider
negligence continues to be at the root of most data breaches reported in this study but a major
challenge for healthcare organizations is addressing the criminal threat as shown in Figure 8.
These types of attacks on sensitive data have increased 100 percent since the study was
conducted in 2010 from 20 percent of organizations reporting criminal attacks to 40 percent of
organizations in this year’s study.
Consistent with previous studies, the primary cause of breaches is a lost or stolen computing
device (49 percent), which can be attributed in many cases to employee carelessness. This is
followed by employee mistakes or unintentional actions (46 percent), and third-party snafus (41
percent).
Figure 8. Nature of the incident
More than one choice permitted
10%
15%
31%
20%
34%
45%
41%
9%
14%
33%
30%
46%
41%
49%
8%
14%
31%
33%
42%
42%
46%
8%
12%
32%
40%
41%
46%
49%
0% 10% 20% 30% 40% 50% 60%
Intentional non-malicious employee action
Malicious insider
Technical systems glitch
Criminal attack
Third-party snafu
Unintentional employee action
Lost or stolen computing device
FY 2013 FY 2012 FY 2011 FY 2010
  	
   	
  
Ponemon Institute: Private & Confidential Report 12	
  
It is interesting that audit and assessment as the reason for discovering a data breach has
increased significantly from 41 percent of respondents in 2010 to 58 percent of respondents this
year while patient complaints declined since 2010. Finding out about the data breach from a legal
complaint also declined, as shown in Figure 9.
Figure 9. How the data breach was discovered
More than one choice permitted
8%
9%
19%
21%
41%
47%
41%
7%
14%
20%
28%
35%
51%
43%
5%
10%
26%
26%
36%
47%
52%
7%
12%
19%
26%
35%
46%
58%
0% 10% 20% 30% 40% 50% 60% 70%
Law enforcement
Loss prevention
Legal complaint
Accidental
Patient complaint
Employee detected
Audit/assessment
FY 2013 FY 2012 FY 2011 FY 2010
  	
   	
  
Ponemon Institute: Private & Confidential Report 13	
  
Employee negligence is considered the biggest security risk. Figure 10 reveals that 75
percent of organizations say employee negligence is their biggest worry followed by use of public
cloud services (41 percent), mobile device insecurity (40 percent) and cyber attackers (39
percent).
Figure 10. Security threats of most concern
Three choices permitted
2%
5%
12%
13%
16%
23%
34%
39%
40%
41%
75%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Other
Insecure medical devices
Identity thieves
Malicious insiders
System failures
Insecure mobile apps
Employee-owned mobile devices
Cyber attackers
Mobile device insecurity
Use of public cloud services
Employee negligence
  	
   	
  
Ponemon Institute: Private & Confidential Report 14	
  
BYOD usage continues to rise. As shown in Figure 11, despite the concerns about employee
negligence and the use of insecure mobile device, 88 percent of organizations permit employees
and medical staff to use their own mobile devices such as smart phones or tablets to connect to
their organization’s networks or enterprise systems such as email. More than half of organizations
are not confident that the personally-owned mobile devices or BYOD are secure.
Very few organizations require their employees to take such security precautions as requiring
anti-virus/anti-malware software to reside on the mobile device prior to connection (23 percent),
scanning devices for viruses and malware prior to connection (22 percent) and scanning devices
and removing all mobile apps that present a security threat prior to connection (14 percent).
Figure 11. Employees permitted to use personal mobile devices to connect to networks
88%
12%
81%
19%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Yes No
FY 2013 FY 2012
  	
   	
  
Ponemon Institute: Private & Confidential Report 15	
  
Since last year, more organizations are taking steps to secure devices. These steps to protect
their organization’s network or enterprise systems from the insecurity of BYOD include limiting
access from devices to critical systems including those that connect to PHI, requiring users to
read and sign an acceptable use policy prior to connection and limiting or restricting the download
of PHI onto these devices, according to Figure 12.
Figure 12. Measures to ensure devices are secure enough to connect to the network
More than one response permitted
.
2%
46%
16%
21%
23%
40%
38%
45%
51%
3%
38%
14%
22%
23%
36%
44%
53%
56%
0% 10% 20% 30% 40% 50% 60%
Other
None of the above steps are done
Scan devices and remove apps that present a
security threat
Scan devices for viruses and malware prior to
connection
Require anti-virus/anti-malware software to
reside on the mobile device
Scan devices for viruses and malware while they
are connected
Limit or restrict the download of PHI
Require user to read and sign an acceptable use
policy
Limit access from devices to critical systems
FY 2013 FY 2012
  	
   	
  
Ponemon Institute: Private & Confidential Report 16	
  
Heavy use of cloud services increases. As discussed above, healthcare organizations view the
use of public cloud services as a serious threat. In fact, only one-third are very confident or
confident that information in a public cloud environment is secure. Despite the risk, 40 percent of
organizations say they use the cloud heavily, an increase from 32 percent last year. The
applications or services most used are backup and storage, file-sharing applications, business
applications and document sharing and collaboration.
According to Figure 13, the types of information most often processed or stored in the cloud are
email applications, productivity applications, accounting information and employee information
such as payroll data. This is pretty much consistent with previous years. Also processed or stored
in the cloud but not as often are patient medical records and billing information. The majority of
organizations believe patient medical records and billing information is too sensitive to be
processes and/or stored in a public cloud environment.
Figure 13. Types of information processed and/or stored in the cloud
More than one choice permitted
2%
37%
5%
26%
30%
28%
41%
46%
46%
49%
3%
34%
4%
28%
31%
31%
44%
49%
49%
53%
0% 10% 20% 30% 40% 50% 60%
Other
None of the above
Clinical trial and other research information
Patient medical records
Patient billing information
Administrative and scheduling information
Employee information including payroll data
Accounting and financial information
Productivity applications
Email applications
FY 2013 FY 2012
  	
   	
  
Ponemon Institute: Private & Confidential Report 17	
  
Healthcare organizations struggle to comply with the HIPAA Final Rule
Half of healthcare organizations are compliant with the post-incident risk assessment
requirement in the Final Rule. Fifty-one percent of respondents said they are in full compliance
while 49 percent report they are not compliant or are only partially compliant. Thirty-nine percent
say their incident assessment process is not effective and cite a lack of consistency and inability
to scale their process as the primary reasons.
As shown in Figure 14, the process most often used to conduct and document post incident risk
assessment is a manual process that was developed internally (34 percent) followed by an ad-
hoc process (23 percent). Only 15 percent use an automated tool or process developed internally
or one that was developed by a third party (20 percent).
Figure 14. Post incident risk assessment process
0%
8%
15%
20%
23%
34%
0% 5% 10% 15% 20% 25% 30% 35% 40%
Other
Free tool that was developed by an external
entity
Automated process that was developed internally
Automated process that was developed by a
third party
Ad-hoc process
Manual process or tool that was developed
internally
  	
   	
  
Ponemon Institute: Private & Confidential Report 18	
  
Healthcare organizations don’t trust their third parties or business associates
4
with
sensitive patient information. Seventy-three percent of organizations are either somewhat
confident (33 percent) or not confident (40 percent) that their business associates would be able
to detect, perform an incident risk assessment and notify your organization in the event of a data
breach incident as required under the business associate agreement.
The business associates they worry most about are IT service providers, claims processors and
benefits management, as shown in Figure 15. Only 30 percent are very confident or confident
that their business associates are appropriately safeguarding patient data as required under the
Final Rule.
Figure 15. Business associates that present the greatest risk to privacy and security
Two choices permitted
	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  
4
A business associate conducts activities on behalf of healthcare organizations that involve the use or disclosure of
individually identifiable health information. Such activities can include claims processing or administration, data analysis,
billing and other services. According to the HIPAA Final Omnibus Rule, new rules expand the obligations of physicians
and other healthcare providers to protect patients’ protected health information (PHI), extend these obligations to other
individuals and companies who, as business associates, have access to PHI, and increase the penalties for violations of
any of these obligations.
	
  
5%
3%
4%
6%
8%
19%
33%
47%
75%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Other
Legal services
Accounting services
Consulting services
Data analysts
Pharmacy benefits manager
Benefits management
Claims processor
IT service provider
  	
   	
  
Ponemon Institute: Private & Confidential Report 19	
  
Organizations rely on policies and procedures to achieve compliance and secure sensitive
information. According to Figure 16, fifty-five percent of organizations agree they have the
policies and procedures that effectively prevent or quickly detect unauthorized patient data
access, loss or theft. This has increased significantly since 2010 when 41 percent said this was
the case. Technical expertise has increased as well since 2010 (from 42 percent of respondents
to 49 percent).
Unfortunately, the budget, technologies and resources needed to safeguard patient information
from a data breach are not as available. Further, less than half (46 percent) of organizations have
personnel who are knowledgeable about HITECH and states’ data breach notification laws.
Figure 16. Attributions about patient data security
Strongly agree and agree response combined
29%
42%
41%
27%
45%
47%
27%
34%
44%
45%
52%
28%
33%
46%
49%
55%
0% 10% 20% 30% 40% 50% 60%
Sufficient resources to prevent or quickly detect
unauthorized patient data access, loss or theft
Security budget is sufficient to curtail or minimize
data breach incidents *
Personnel are knowledgeable about HITECH
and data breach notification laws *
Technical expertise to prevent or quickly detect
unauthorized patient data access
Sufficient policies and procedures to prevent or
quickly detect unauthorized patient data access,
loss or theft
* This choice was not available for FY 2011 & FY 2010
FY 2013 FY 2012 FY 2011 FY 2010
  	
   	
  
Ponemon Institute: Private & Confidential Report 20	
  
Majority of organizations say the HIPAA Final Rule has either not affected patient data
privacy and security programs or it’s too early to tell. The HIPAA Final Omnibus Rule seeks
to better protect patients by removing the harm threshold. Covered entities and their business
associates must still conduct an incident risk assessment, for every data security incident that
involves PHI. Rather than determine the risk of harm, the risk assessment determines the
probability that PHI has been compromised. While 44 percent of organizations say it has affected
their programs, 41 percent say it has not and 15 percent say it is too early to tell.
According to Figure 17, the biggest change has been to require policies and procedures to be
updated followed by conducted a risk assessment or analyses.
Figure 17. How the Final Rule changed patient data privacy and security programs
More than one choice permitted
40%
15%
21%
28%
29%
31%
36%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
None of the above
Purchased cyber insurance
Require certain third parties to strengthen their
data privacy and security procedures
Changed relationships with certain third parties
Conducted employee training and awareness
Conducted a risk assessment/risk analyses
Required an update to our policies and
procedures
  	
   	
  
Ponemon Institute: Private & Confidential Report 21	
  
Most healthcare organizations are not in compliance with AOD requirements. Less than half
of the organizations in this study report they are in full compliance (25 percent) or nearly in full
compliance (23 percent) with the Accounting of Disclosures (AOD) requirement.
Figure 18 reveals that these organizations say they achieve compliance mostly by an ad-hoc
process (31 percent), a paper-based process or tool that was developed internally (27 percent), a
software-based process or tool that was developed internally (27 percent) or a software-based
process or tool that was developed by a third party (15 percent).
Figure 18. How is compliance with the Accounting of Disclosures achieved?
Part 3. Conclusion
The more things change the more they stay the same. Four years of conducting this research
reveals that healthcare organizations continue to have data breaches due to the human factor.
These include employees’ carelessness with their computing devices and other unintended but
negligent acts that put patient data in jeopardy. For the first time, we asked what is the greatest
risk to the security and privacy of patient information. The vast majority (75 percent) of
organizations say it is employee negligence.
A major change in the delivery of healthcare services is also having an impact on the risks to
patient information. The ACA has healthcare organizations worried about insecure websites,
databases and health information exchanges that are highly vulnerable to insider and outsider
threats.
Healthcare security professionals need to address both internal and external threats. The
research reveals that many organizations are relying on policies and procedures to achieve
compliance and secure sensitive information. In addition to policies, organizations should be
focused on technologies that secure mobile devices and protect sensitive data that is stored in
the cloud. Training and awareness programs should be conducted at every level of the
organization to reduce the negligent employee risk. Finally, the growth in criminal attacks against
healthcare organizations calls for assessments of areas vulnerable to attack and investment in
technologies that protect organizations from malicious outsiders. Implementing these measures
is a huge challenge but critical to the future of the industry.
15%
27%
27%
31%
0% 5% 10% 15% 20% 25% 30% 35%
Software-based process or tool that was
developed by a third party
Paper-based process or tool that was developed
internally
Software-based process or tool that was
developed internally
Ad-hoc process
  	
   	
  
Ponemon Institute: Private & Confidential Report 22	
  
Part 4. Benchmark Methods
Table 1 summarizes the responses completed over a three-month period concluding in January
2014. A total of 505 health care organizations were selected for participation and contacted by
the researcher. One hundred and eleven organizations agreed to complete the benchmark
survey; however, 93 completed the benchmark instrument. Two benchmarked organizations were
deemed incomplete and, hence, removed from the sample. A final sample of 91 organizations
was used in our analysis, which is a net increase of 11 organizations from our 2012 study.
Table 1. Benchmark sampling response FY 2013 FY 2012 FY 2011 FY 2010
Total healthcare organizations contacts made 505 499 511 457
Total healthcare organizations recruited 111 92 98 99
Total healthcare organizations participating 93 81 75 67
Total healthcare organizations providing incomplete responses 2 1 3 2
Final benchmark sample 91 80 72 65
Pie Chart 1 reports the type of healthcare providers that participated in this research, with 59
percent representing private organizations. Pie Chart 2 shows the size of organizations with
respect to the number of patient beds. Forty-two percent of participating healthcare providers
have a 301 to 600-bed capacity, while 35 percent have 101 to 300 beds.
Pie Chart 1. Type of health care provider Pie Chart 2. The number of patient beds (size)
59%
36%
5%
Private Public Other
17%
35%
42%
6%
< 100 101 to 300 301 to 600 > 600
  	
   	
  
Ponemon Institute: Private & Confidential Report 23	
  
According to Pie Chart 3, the primary roles of respondents or their supervisors interviewed in this
study are HIPAA compliance leader (12%), chief information security officer (11 percent), chief
information officer (11 percent), chief compliance officer (10 percent) and billing & administrative
leader (10 percent).
Pie Chart 3. What best describes your role or the role of your supervisor?
12%
11%
11%
10%
10%
9%
6%
6%
5%
5%
4%
3%
3%
3% 2%
* This response was not available for all fiscal years
HIPAA compliance leader
Chief information security officer
Chief information officer
Chief compliance officer
Billing & administrative leader
Medical records management leader
Chief security officer
General counsel
Chief privacy officer
Chief finance officer
Human resources leader
Chief medical officer
Chief medical information officer *
Clinician
Chief development officer
  	
   	
  
Ponemon Institute: Private & Confidential Report 24	
  
Part 5. Limitations
The presented findings are based on self-reported benchmark survey returns. Usable returns
from 91 organizations – or about 18 percent of those organizations initially contacted – were
collected and used in the above-mentioned analysis. It is always possible those organizations
that chose not to participate are substantially different in terms of data protection and compliance
activities.
Because our sampling frame is a proprietary list of organizations known to the researcher, the
quality of our results is influenced by the accuracy of contact information and the degree to which
the list is representative of the population of all covered entities and business associates in the
United States. While it is our belief that our sample is representative, we do acknowledge that
results may be biased in two important respects:
• Survey results are skewed to larger-sized healthcare organizations, excluding the plethora
of very small provider organizations including local clinics and medical practitioners.
• Our contact methods targeted individuals who are presently in the data protection, security,
privacy or compliance fields. Hence, it is possible that contacting other individuals in these
same organizations would have resulted in different findings.
To keep the survey concise and focused, we omitted other normatively important variables from
the analyses. Omitted variables might explain survey findings, especially differences between
covered entities and business associates as well as organizational size.
The quality of survey research is based on the integrity of confidential responses received from
respondents. While certain checks and balances have been incorporated into our survey
methods, there is always the possibility that certain respondents did not provide accurate or
complete responses to our benchmark instrument.
We fully acknowledge that our sample size is small and, hence, the ability to generalize findings
about organizational size, organizational type, and program maturity is limited. Great care should
be exercised before attempting to generalize these findings to the population of all health care
providers.
Finally, we compare the 2013 results to benchmark studies completed in 2012, 2011 and 2010.
While these four samples were approximately matched based on organizational size, type and
regional location, we can only infer trends from between-sample differences.
  	
   	
  
Ponemon Institute: Private & Confidential Report 25	
  
Appendix: Detailed Results
The following tables provide the frequency and percentage frequency of all benchmark survey
questions completed by 91 participating companies. All field research was completed over a
three-month period concluding in January 2014
Benchmark sampling response FY 2013 FY 2012 FY 2011 FY 2010
Total healthcare organizations contacts made 505 499 511 457
Total healthcare organizations recruited 111 92 98 99
Total healthcare organizations participating 93 81 75 67
Total healthcare organizations providing
incomplete responses 2 1 3 2
Final benchmark sample 91 80 72 65
Screening Question
S1. Is your organization a healthcare provider
subject to HIPAA as a coverend entity FY 2013 FY 2012 FY 2011 FY 2010
Yes 91
No 0
Part 1: Organizational characteristics
Q1a. What best describes your organization: FY 2013 FY 2012 FY 2011 FY 2010
Public healthcare provider 36% 35% 32% 35%
Private healthcare provider 59% 58% 57% 54%
Other 5% 8% 11% 11%
Total 100% 100% 100% 100%
Q1b. How many patient beds (capacity) does
your organization have? FY 2013 FY 2012 FY 2011 FY 2010
Less than 100 17% 16% 17% 18%
101 to 300 35% 36% 35% 32%
301 to 600 42% 40% 42% 45%
More than 600 6% 8% 7% 5%
Total 100% 100% 100% 100%
Q1c. What best describes your organization's
operating structure? FY 2013 FY 2012 FY 2011 FY 2010
Integrated Delivery System 34% 36% 36% 35%
Hospital or clinic that is part of a healthcare
network 49% 46% 47% 46%
Standalone hospital 13% 14% 17% 17%
Standalone Clinic 4% 4%
Other 0% 0% 0% 2%
Total 100% 100% 100% 100%
Q1d. Please indicate the region of the United
States where you are located. FY 2013 FY 2012 FY 2011 FY 2010
Northeast 20% 21% 22% 23%
Mid-Atlantic 20% 20% 21% 20%
Midwest 15% 16% 15% 15%
Southeast 12% 11% 13% 12%
Southwest 14% 13% 13% 14%
Pacific-West 19% 19% 17% 15%
Total 100% 100% 100% 100%
  	
   	
  
Ponemon Institute: Private & Confidential Report 26	
  
	
  
Q1e. What best describes your role or the role
of your supervisor? FY 2013 FY 2012 FY 2011 FY 2010
Chief security officer 6% 5% 5% 7%
Chief information security officer 11% 9% 10% 9%
Chief information officer 11% 12% 11% 6%
Chief privacy officer 5% 5% 6% 4%
Chief compliance officer 10% 11% 11% 11%
Chief medical officer 3% 2% 3% 1%
Chief clinical officer 0% 1% 1% 0%
Chief risk officer (2012) 0% 2%
Chief medical information officer (2012) 3% 2%
Chief finance officer 5% 4% 4% 6%
Chief development officer 2% 1% 2% 2%
General counsel 6% 6% 5% 6%
HIPAA compliance leader 12% 11% 11% 12%
Clinician 3% 4% 3% 1%
Billing & administrative leader 10% 10% 12% 15%
Medical records management leader 9% 8% 11% 13%
Human resources leader 4% 5% 5% 5%
Other 0% 2% 1% 1%
Total 100% 100% 100% 100%
Total number of individual interviews 388 324 300 211
Average number of interviews per HC
organization 4.26 4.05 4.17 3.25
Q1f. What best describes your department or
function? FY 2013 FY 2012 FY 2011 FY 2010
Compliance 100% 94% 100% 91%
Privacy 42% 34% 39% 48%
Information technology (IT) 81% 79% 76% 45%
Legal 23% 21% 21% 20%
Finance 19% 16% 15% 20%
Marketing 4% 6% 8% 6%
Medical informatics 26% 24% 24% 17%
Medical staff 21% 19% 18% 15%
Patient services 52% 48% 47% 38%
Records management 20% 23% 14% 9%
Risk management 9% 6% 15% 9%
Development (foundation) 4% 6% 11% 8%
Planning 6% 10% 4% 6%
Human resources 13% 14% 19% 20%
Other 6% 6% 4% 0%
Total 426% 405% 417% 352%
  	
   	
  
Ponemon Institute: Private & Confidential Report 27	
  
	
  
Strongly agree and Agree
response combined
Part 2. Attributions. Please rate your opinion
about the statements contained in Q2 to Q7
using the scale provided below each item. FY 2013 FY 2012 FY 2011 FY 2010
Q2. My organization has sufficient policies and
procedures that effectively prevent or quickly
detect unauthorized patient data access, loss or
theft. 55% 52% 47% 41%
Q3. My organization has sufficient technologies
that effectively prevent or quickly detect
unauthorized patient data access, loss or theft. 44% 40% 38% 37%
Q4. My organization has sufficient resources to
prevent or quickly detect unauthorized patient
data access, loss or theft. 28% 27% 27% 29%
Q5. My organization has personnel who have
sufficient technical expertise to be able to
identify and resolve data breaches involving the
unauthorized access, loss or theft of patient
data. 49% 45% 45% 42%
Q6. Our organization's security budget is
sufficient to curtail or minimize data breach
incidents. 33% 34%
Q7. My organization has personnel who are
knowledgeable about HITECH and states' data
breach notification laws. 46% 44%
Part 3: Data Breach
Q8. Has your department suffered a data
breach involving the loss or theft of patient data
in the past two years as defined above? 2013 Pct% 2012 Pct% 2011 Pct% 2010 Pct%
No 10% 6% 4% 14%
Yes, 1 incident 16% 16% 17% 26%
Yes, 2 to 5 incidents 36% 33% 33% 31%
Yes, more than 5 incidents 38% 45% 46% 29%
Total 100% 100% 100% 100%
Extrapolated average number of data breaches
for the sample 3.70 4.00 4.08 3.09
Extrapolated total number of data breaches for
the sample 337 320 294 201
Q9. How confident are you that your
organization has the ability to detect all patient
data loss or theft? 2013 Pct% 2012 Pct% 2011 Pct% 2010 Pct%
Very confident 15% 13% 12% 11%
Confident 38% 33% 31% 31%
Little confidence 29% 31% 33% 35%
No confidence 18% 23% 24% 23%
Total 100% 100% 100% 100%
Q10. Two separate data breach incidents over
the past two years. FY 2013 FY 2012 FY 2011 FY 2010
Number of incidents reported 337 320 294 201
Number of observed incidents used in the
analysis of Q10 169 156 138 157
  	
   	
  
Ponemon Institute: Private & Confidential Report 28	
  
	
  
Q10a. Approximate number of compromised
records FY 2013 FY 2012 FY 2011 FY 2010
< 10 0%
10 to 100 49% 38% 42% 61%
101 to 1,000 25% 28% 25% 20%
1,001 to 5,000 16% 21% 19% 12%
5,001 to 10,000 8% 11% 12% 5%
10,001 to 100,000 2% 3% 2% 2%
> 100,000 0% 0% 0% 1%
Total 100% 100% 100% 100%
Extroplated average number of lost or stolen
records over two years 2,150 2,769 2,575 1,769
Q10b. Nature of the incident FY 2013 FY 2012 FY 2011 FY 2010
Unintentional employee action 46% 42% 41% 45%
Intentional non-malicious employee action 8% 8% 9% 10%
Technical systems glitch 32% 31% 33% 31%
Criminal attack 40% 33% 30% 20%
Malicious insider 12% 14% 14% 15%
Third-party snafu 41% 42% 46% 34%
Lost or stolen computing device 49% 46% 49% 41%
Total 228% 216% 220% 197%
*More than one selection is permitted
Q10c. Type of device compromised or stolen FY 2013 FY 2012 FY 2011 FY 2010
Desktop or laptop 30% 38% 43%
Smartphone 28% 24% 21%
Tablet 27% 18% 7%
Notebook 1% 2% 4%
Server 3% 5% 7%
USB drive 11% 13% 16%
Total 100% 100% 100%
Q10d. Type of patient data lost or stolen FY 2013 FY 2012 FY 2011 FY 2010
Medical file 46% 48% 47%
Billing and insurance record 49% 48% 49%
Scheduling details 20% 19% 25%
Prescription details 18% 20% 19%
Payment details 22% 24% 17%
Monthly statements 18% 15% 20%
Other 2% 2% 3%
Total 175% 176% 180%
*More than one selection is permitted
Q10e. How the data breach was discovered FY 2013 FY 2012 FY 2011 FY 2010
Accidental 26% 26% 28% 21%
Loss prevention 12% 10% 14% 9%
Patient complaint 35% 36% 35% 41%
Law enforcement 7% 5% 7% 8%
Legal complaint 19% 26% 20% 19%
Employee detected 46% 47% 51% 47%
Audit/assessment 58% 52% 43% 41%
Total 203% 202% 198% 187%
*More than one selection is permitted
  	
   	
  
Ponemon Institute: Private & Confidential Report 29	
  
Q10f. Offer of protection services FY 2013 FY 2012 FY 2011 FY 2010
None offered 70% 65% 65%
Credit monitoring 20% 22% 19%
Other identity monitoring 6% 4% 6%
Insurance 0% 1% 1%
Identity restoration 4% 7% 9%
Financial incentives (i.e., gift cards) 0%
Other 0% 0% 0%
Total 100% 100% 100%
*More than one selection is permitted
Q11. What best describes the process for
preventing and detecting data breach incidents
in your organization today? Please select only
one. FY 2013 FY 2012 FY 2011 FY 2010
An "ad hoc" process 19% 23% 27% 35%
Mostly a process that relies on policies and
procedures 29% 28% 29% 23%
Mostly a process that relies on security
technologies 20% 20% 21% 16%
A combination of manual proceduress and
security technologies 29% 24% 19% 20%
None of the above 3% 5% 4% 6%
Total 100% 100% 100% 100%
Q12. How confident are you that your
organization has the abiility to prevent or quickly
detect patient data loss or theft? FY 2013 FY 2012* FY 2011* FY 2010*
Very confident 13% 13% 12% 11%
Confident 32% 33% 31% 31%
Somewhat confident 34% 31% 33% 35%
Not confident 21% 23% 24% 23%
Total 100% 100% 100% 100%
*Question was worded differently in prior
studies
Q13. In your opinion (best guess), what best
describes the lifetime economic value, on
average, of one patient or customer to your
organization? FY 2013 FY 2012 FY 2011 FY 2010
Less than $10,000 11% 9% 10% 12%
$10,001 to $50,000 35% 32% 31% 29%
$50,001 to $100,000 21% 24% 23% 21%
$100,001 to $200,000 11% 12% 10% 13%
$200,001 to $500,000 6% 7% 4% 5%
$500,001 to $1 million 2% 3% 3% 3%
More than $1 million 2% 2% 3% 2%
Cannot determine 12% 11% 16% 15%
Total 100% 100% 100% 100%
Average lifetime value of one lost patient
(customer) $97,990 $111,810 $113,400 $107,580
  	
   	
  
Ponemon Institute: Private & Confidential Report 30	
  
	
  
Q14. In your opinion (best guess), what best
describes the economic impact of data breach
incidents experience by your organization over
the past two years? FY 2013 FY 2012 FY 2011 FY 2010
Less than $10,000 5% 3% 5% 4%
$10,001 to $50,000 3% 1% 2% 1%
$50,001 to $100,000 4% 3% 3% 4%
$100,001 to $200,000 10% 8% 8% 11%
$200,001 to $500,000 26% 23% 26% 25%
$500,001 to $1 million 22% 26% 21% 19%
More than $1 million 25% 31% 30% 29%
Cannot determine 5% 5% 5% 7%
Total 100% 100% 100% 100%
Average economic impact of data breach over
the past two years $1,973,895 $2,390,270 $2,243,700 $2,060,174
Q15. In your opinion, what harms do patients
actually suffer if their records are lost or stolen? FY 2013 FY 2012 FY 2011 FY 2010
Increase risk of financial identity theft 60% 61% 59% 56%
Increase risk of medical identity theft 55% 59% 51% 45%
Increased risk that personal health facts will be
disclosed 72% 70% 73% 61%
None 8% 9% 10% 8%
Total 195% 199% 193% 170%
Q16a. Does your organization consult with third
parties to determine if a data exposure incident
requires notification under applicable federal
and state regulations? FY 2013 FY 2012 FY 2011 FY 2010
Yes, we consult with outside legal counsel 53%
Yes, we consult with our cyber insurance carrier 12%
Yes, we consult with auditors 15%
Yes, we consult with privacy & data protection
experts 13%
No we determine this through ourselves
(internally) 36%
Total 129%
Q16b. If yes, how have these third parties
changed the frequency of your organization's
data breach notifications? FY 2013 FY 2012 FY 2011 FY 2010
We now report more breaches 17%
We now report fewer breaches 12%
We report about the same number of breaches 71%
Total 100%
  	
   	
  
Ponemon Institute: Private & Confidential Report 31	
  
	
  
Q17. Does your organization perform the
following activities (Please check all that apply)? FY 2013 FY 2012 FY 2011 FY 2010
Annual or periodic privacy risk assessments 18% 16%
Annual or periodic security risk assessments 51% 48%
Incident response plan development and or test 31% 26%
Updated policies and procedures in response to
regulatory changes
46%
47%
Annual or periodic HIPAA privacy and security
awareness training of all staff
63%
56%
Vetting and monitoring of third parties, including
business associates
55%
49%
Updating of agreements with business
associates
53%
48%
Total 317% 290%
Q18. Is your EHR system in compliance with
the HHS mandated requirements to protect
patient privacy? FY 2013 FY 2012 FY 2011 FY 2010
Yes, fully 28% 22%
Partially 33% 29%
No 14% 19%
We don't use EHRs 25% 30%
Total 100% 100%
Q19. Is your organization a member of a Health
Information Exchange (HIE)? FY 2013 FY 2012 FY 2011 FY 2010
Yes 32% 28%
We will become a member 20% 17%
We are considering membership 15% 20%
No, we do not plan to become a member of HIE 33% 35%
Total 100% 100%
Q20. What is your level of confidence as to the
security and privacy of patient data shared on
Health Information Exchanges? FY 2013 FY 2012 FY 2011 FY 2010
Very confident 13% 17%
Confident 15% 17%
Somewhat confident 32% 30%
Not confident 40% 36%
Total 100% 100%
Q21a. Has the HIPAA Final Omnibus Rule
affected your organization’s patient data privacy
and security programs? FY 2013 FY 2012 FY 2011 FY 2010
Yes 44%
No 41%
Too early to tell 15%
Total 100%
  	
   	
  
Ponemon Institute: Private & Confidential Report 32	
  
	
  
Q21b. If yes, how has the Final Rule changed
your organization’s patient data privacy and
security programs? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010
Required an update to our policies and
procedures 36%
Require certain third parties to strengthen their
data privacy and security procedures 21%
Changed relationships with certain third parties 28%
Conducted employee training and awareness 29%
Conducted a risk assessment/risk analyses 31%
Purchased cyber insurance 15%
None of the above 40%
Total 200%
Q22. How confident are you that your
organization’s business associates are
appropriately safeguarding patient data as
required under the Final Rule? FY 2013 FY 2012 FY 2011 FY 2010
Very confident 13%
Confident 17%
Somewhat confident 31%
Not confident 39%
Total 100%
Q23. How confident are you that your
organization’s business associates would be
able to detect, perform an incident risk
assessment and notify your organization in the
event of a data breach incident as required
under your business associate agreement? FY 2013 FY 2012 FY 2011 FY 2010
Very confident 11%
Confident 16%
Somewhat confident 33%
Not confident 40%
Total 100%
Q24. In your opinion, which of the following
business associates present the greatest risk to
the privacy and security of patient data. Please
select the top two? FY 2013 FY 2012 FY 2011 FY 2010
IT service provider 75%
Claims processor 47%
Data analysts 8%
Accounting services 4%
Legal services 3%
Consulting services 6%
Benefits management 33%
Pharmacy benefits manager (PBM) 19%
Other (please specify) 5%
Total 200%
  	
   	
  
Ponemon Institute: Private & Confidential Report 33	
  
	
  
Q25a. Does your organization conduct and
document post incident risk assessments as
required in the Final Rule? FY 2013 FY 2012 FY 2011 FY 2010
Yes, full compliance 51%
Yes, partial compliance (in-process) 33%
No 16%
Total 100%
Q25b. If yes, which one of the following choices
best describes your process? FY 2013 FY 2012 FY 2011 FY 2010
An ad-hoc process 23%
A manual process or tool that was developed
internally 34%
An automated process or software tool that was
developed internally 15%
An automated process or software tool that was
developed by a third party 20%
A free tool that was developed by an external
entity or association 8%
Other (please specify) 0%
Total 100%
Q26a. How effective is your organization’s
incident risk assessment process? FY 2013 FY 2012 FY 2011 FY 2010
Very effective 21%
Effective 40%
Not effective 39%
Total 100%
Q26b. If you selected not effective, what are
your primary concerns? Please select all that
apply. FY 2013 FY 2012 FY 2011 FY 2010
Lack of consistency in the outcomes of the
incident risk assessment process 79%
Difficulty in using applications and tools 23%
Lack of scalability of the process 48%
Other (please specify) 6%
Total 156%
Q27a. How does the Affordable Care Act affect
the privacy and security of patient information? FY 2013 FY 2012 FY 2011 FY 2010
Significantly increases risk 36%
Increases risk 33%
No impact on risk 13%
Decreases risk 6%
Significantly decreases risk 7%
Cannot determine 5%
Total 100%
  	
   	
  
Ponemon Institute: Private & Confidential Report 34	
  
	
  
Q27b. If you believe the risk to patient
information increases, what are your primary
concerns? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010
Patient registration on insecure websites 63%
Patient data on insecure databases 65%
Insecure exchange of patient information
between healthcare providers and government 75%
Other (please specify) 2%
Total 205%
Q28a. Is your organization part of an
Accountable Care Organization (ACO)? FY 2013 FY 2012 FY 2011 FY 2010
Yes 51%
No 49%
Total 100%
Q28b. If yes, are you finding increased patient
privacy and security risks with the exchange of
patient health information among participants? FY 2013 FY 2012 FY 2011 FY 2010
Yes 66%
No 34%
Total 100%
Q28c. If yes, has your organization experienced
changes in the number of unauthorized
disclosures of PHI? FY 2013 FY 2012 FY 2011 FY 2010
Yes, we noticed an increase 23%
Yes, we noticed a decrease 3%
No, we have not noticed any changes 33%
Too early to tell 41%
Total 100%
Q29a. What best describes your organization’s
state of compliance with the Accounting of
Disclosures requirement? Please select only
one. FY 2013 FY 2012 FY 2011 FY 2010
We are in full compliance 25%
We are nearly in full compliance 23%
We are not near full compliance 38%
We are not taking steps to be in compliance 7%
Unsure 7%
Total 100%
Q29b. If your organization is in full or near full
compliance with the Accounting of Disclosures
requirement, how is this achieved? Please
select only one. FY 2013 FY 2012 FY 2011 FY 2010
An ad-hoc process 31%
A paper-based process or tool that was
developed internally 27%
A software-based process or tool that was
developed internally 27%
A software-based process or tool that was
developed by a third party 15%
Total 100%
  	
   	
  
Ponemon Institute: Private & Confidential Report 35	
  
Q30a. Does your organization permit
employees and medical staff to use their own
mobile devices such as smart phones or tablets
to connect to your organization’s networks or
enterprise systems (such as email)? FY 2013 FY 2012 FY 2011 FY 2010
Yes 88% 81%
No 12% 19%
Total 100% 100%
Q30b. If yes, approximately what percentage of
your organization’s employees (including part-
time and contract employees) use their
personally owned mobile device such as a
smartphone or tablet? FY 2013 FY 2012 FY 2011 FY 2010
Less than 10% 5% 5%
10 to 25% 9% 11%
26 to 50% 26% 35%
51 to 75% 30% 21%
More than 75% 30% 28%
Total 100% 100%
Extrapolated percentage use rate 57% 53%
Q30c. If yes, how does your organization
ensure these personally owned mobile devices
are secure enough to connect to your
organization’s network or enterprise systems?
Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010
Scan devices for viruses and malware prior to
connection 22% 21%
Scan devices and remove all mobile apps that
present a security threat prior to connection 14% 16%
Scan devices for viruses and malware while
they are connected 36% 40%
Require anti-virus/anti-malware software to
reside on the mobile device prior to connection 23% 23%
Require user to read and sign an acceptable
use policy prior to connection 53% 45%
Limit access from devices to critical systems
including those that connect to PHI 56% 51%
Limit or restrict the download of PHI onto these
devices 44% 38%
None of the above steps are done 38% 46%
Other (please specify) 3% 2%
Total 289% 282%
Q30d. If yes, how confident are you that the
personally-owned mobile devices used in your
organization are secure? FY 2013 FY 2012 FY 2011 FY 2010
Very confident 9% 9%
Confident 17% 16%
Somewhat confident 23% 21%
Not confident 51% 54%
Total 100% 100%
  	
   	
  
Ponemon Institute: Private & Confidential Report 36	
  
	
  
Q31. Does the scope of your organization’s IT
security and/or data protection activities include
the security of FDA-approved medical devices
such as those attached or not attached to the
patient (such as insulin pumps or medical
imaging equipment)? FY 2013 FY 2012 FY 2011 FY 2010
Yes 30% 31%
No 70% 69%
Total 100% 100%
Q32. What best describes your organization’s
use of cloud services? FY 2013 FY 2012 FY 2011 FY 2010
No use of cloud services (skip to Q37) 8% 9%
Light use of cloud services 23% 29%
Moderate use of cloud services 29% 30%
Heavy use of cloud services 40% 32%
Total 100% 100%
Q33. What cloud applications or services does
your organization presently use? Please select
all that apply. FY 2013 FY 2012 FY 2011 FY 2010
Peer-to-peer communications (such as Skype) 39% 35%
Social media applications (such as Facebook,
LinkedIn, Twitter, etc.) 25% 26%
Business applications (such as
SalesForce.com, webmail, HR, etc.) 43% 39%
Document sharing and collaboration (such as
Dropbox, etc.) 42% 35%
Infrastructure applications (online backup,
security, archiving, etc.) 33% 33%
Services such as identity management,
payments, search and others 29% 28%
Solution stacks such as Java, PHP, Python,
ColdFusion and others 18% 19%
Backup & storage 45% 41%
Other (please specify) 3% 2%
Total 277% 258%
Q34. What types of information does your
organization process and/or store in a public
cloud environment? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010
Patient medical records 28% 26%
Patient billing information 31% 30%
Clinical trial and other research information 4% 5%
Employee information including payroll data 44% 41%
Administrative and scheduling information 31% 28%
Accounting and financial information 49% 46%
Email applications 53% 49%
Productivity applications 49% 46%
None of the above 34% 37%
Other (please specify) 3% 2%
Total 326% 310%
  	
   	
  
Ponemon Institute: Private & Confidential Report 37	
  
	
  
Q35. What types of information does your
organization consider too sensitive to be
processed and/or stored in a public cloud
environment? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010
Patient medical records 52% 56%
Patient billing information 50% 51%
Clinical trial and other research information 44% 37%
Employee information including payroll data 31% 34%
Administrative and scheduling information 25% 29%
Accounting and financial information 32% 33%
Email applications 12% 15%
Productivity applications 13% 18%
None of the above 34% 35%
Other (please specify) 2% 2%
Total 295% 310%
Q36. How confident are you that information in
a public cloud environment is secure? FY 2013 FY 2012 FY 2011 FY 2010
Very confident 12% 11%
Confident 21% 19%
Somewhat confident 21% 23%
Not confident 46% 47%
Total 100% 100%
Q37. What best describes your organization’s
privacy and security functions. Please select
only one. FY 2013 FY 2012 FY 2011 FY 2010
Privacy and security functions are completely
separate 30%
Privacy and security functions overlap in some
places (hybrid) 51%
Privacy and security functions are combined 19%
Total 100%
Q38. What security threats is your organization
most concerned about? Select the top three. FY 2013 FY 2012 FY 2011 FY 2010
Employee-owned mobile devices or BYOD 34%
Mobile device insecurity 40%
Use of public cloud services 41%
Insecure medical devices 5%
Employee negligence 75%
Malicious insiders 13%
Cyber attackers 39%
Identity thieves 12%
Insecure mobile apps (eHealth) 23%
System failures 16%
Other (please specify) 2%
Total 300%
For more information about this study, please contact Ponemon Institute by sending an
email to research@ponemon.org or calling our toll free line at 1.800.887.3118.
	
  
  	
   	
  
Ponemon Institute: Private & Confidential Report 38	
  
Ponemon Institute
Advancing Responsible Information Management
	
  
Ponemon Institute is dedicated to independent research and education that advances responsible
information and privacy management practices within business and government. Our mission is to conduct
high quality, empirical studies on critical issues affecting the management and security of sensitive
information about people and organizations.
As a member of the Council of American Survey Research Organizations (CASRO), we uphold strict
data confidentiality, privacy and ethical research standards. We do not collect any personally identifiable
information from individuals (or company identifiable information in our business research). Furthermore, we
have strict quality standards to ensure that subjects are not asked extraneous, irrelevant or improper
questions.	
  
	
  
	
  
	
  

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Patient Privacy & Data Security Benchmark Study

  • 1.           Fourth Annual Benchmark Study on Patient Privacy & Data Security Ponemon Institute© Research Report Sponsored by ID Experts Independently conducted by Ponemon Institute LLC Publication Date: March 2014
  • 2.       Ponemon Institute: Private & Confidential Report 2   Fourth Annual Benchmark Study on Patient Privacy & Data Security Presented by Ponemon Institute March 2014 Part 1. Introduction The Fourth Annual Study on Patient Privacy & Data Security reveals new and expanded threats to the security and privacy of patient information in the U.S. healthcare system. The Affordable Care Act (ACA) is seen as a contributing factor because of the documented insecure websites, databases and health information exchanges that are highly vulnerable to insider and outsider threats. While the total number of data breaches has declined slightly over previous years, almost every healthcare organization represented in this research had a data breach. The study also found that healthcare organizations continue to struggle to comply with increasing complex federal and state privacy and security regulations. Criminal attacks on healthcare systems have risen a startling 100 percent since we first conducted this study four years ago in 2010. Healthcare employees are fueling breach risks by increased use of their personal unsecured devices (smartphones, laptops and tablets). Business Associates—those that have access to PHI and work with healthcare organizations—are not yet in compliance with the HIPAA Final Rule. Data breaches continue to cost some healthcare organizations millions of dollars every year. While the cost can range from less than $10,000 to more than $1 million, we calculate that the average cost for the organizations represented in this year’s benchmark study is approximately $2 million over a two-year period. This is down from $2.4 million in last year’s report as well as from the $2.2 million reported in 2011 and $2.1 million in 2010. Based on the experience of the healthcare organizations in this benchmark study, we believe the potential cost to the healthcare industry could be as much as $5.6 billion annually. 1 The types of healthcare organizations participating in the study are hospitals or clinics that are part of a healthcare network (49 percent), integrated delivery systems (34 percent) and standalone hospital or clinic (17 percent). This year 91 healthcare organizations participated in this benchmark research and 388 interviews were conducted 2 . All organizations in this research are subject to HIPAA as a covered entity. Most respondents interviewed work in compliance, IT, patient services and privacy. Key Research Findings: The number of data breaches decrease slightly. Ninety percent of healthcare organizations in this study have had at least one data breach in the past two years. However, 38 percent report that they have had more than five incidents. This is a decline from last year’s report when 45 percent of organizations had more than 5. This coupled with an increase in organizations’ level of confidence in data breach detections suggests that modest improvements have been made in reducing threats to patient data. Healthcare organizations improve ability to control data breach costs. The economic impact of one or more data breaches for healthcare organizations in this study ranges from less than $10,000 to more than $1 million over a two-year period. Based on the ranges reported by respondents, we calculated that the average economic impact of data breaches over the past two years for the healthcare organizations represented in this study is $2.0 million. This is a decrease of almost $400,000 or 17 percent since last year.                                                                                                                 1 This is based on multiplying $986,948 (50% of the average two year cost of a data breach experienced by the 91 healthcare organizations in this research) x 5,723 (the total number of registered US hospitals per the AHA). 2 Benchmark research differs from survey research. The unit of analysis in benchmark research is the organization and in survey research it is the individual.
  • 3.       Ponemon Institute: Private & Confidential Report 3   ACA increases risk to patient privacy and information security. Respondents in 69 percent of organizations represented believe the ACA significantly increases (36 percent) or increases (33 percent) risk to patient privacy and security. The primary concerns are insecure exchange of patient information between healthcare providers and government (75 percent of organizations), patient data on insecure databases (65 percent) and patient registration on insecure websites (63 percent of organizations). ACO participation increases data breach risks. Fifty-one percent of organizations say they are part of an Accountable Care Organization (ACO) and 66 percent say the risks to patient privacy and security due to the exchange of patient health information among participants has increased. When asked if their organization experienced changes in the number of unauthorized disclosure of PHI, 41 percent say it is too early to tell. Twenty-three percent say they noticed an increase. Confidence in the security of Health Information Exchanges (HIEs) remains low. An HIE is defined as the mobilization of healthcare information electronically across organizations within a region, community or hospital system. The percentage of organizations joining HIEs increased only slightly. This year, 32 percent say they are members and this is up slightly from 28 percent last year. One-third of organizations say they do not plan to become a member. The primary reason could be that 72 percent of respondents say they are only somewhat confident (32 percent) or not confident (40 percent) in the security and privacy of patient data share on HIEs. Criminal attacks on healthcare organizations increase 100 percent since 2010. Insider negligence continues to be at the root of most data breaches reported in this study but a major challenge for healthcare organizations is addressing the criminal threat. These types of attacks on sensitive data have increased 100 percent since the study was conducted in 2010 from 20 percent of organizations reporting criminal attacks to 40 percent of organizations in this year’s study. Employee negligence is considered the biggest security risk. Seventy-five percent of organizations say employee negligence is their biggest worry followed by use of public cloud services (41 percent), mobile device insecurity (40 percent) and cyber attackers (39 percent). BYOD usage continues to rise. Despite the concerns about employee negligence and the use of insecure mobile devices, 88 percent of organizations permit employees and medical staff to use their own mobile devices such as smart phones or tablets to connect to their organization’s networks or enterprise systems such as email. Similar to last year, more than half of organizations are not confident that the personally-owned mobile devices or BYOD are secure. Heavy use of cloud services increases. As discussed above, healthcare organizations view the use of public cloud services as a serious threat. In fact, only one-third are very confident or confident that information in a public cloud environment is secure. Despite the risk, 40 percent of organizations say they use the cloud heavily, an increase from 32 percent last year. The applications or services most used are backup and storage, file-sharing applications, business applications and document sharing and collaboration. Half of healthcare organizations are compliant with the post-incident risk assessment requirement in the Final Rule. Fifty-one percent of respondents said they are in full compliance while 49 percent report they are not compliant or are only partially compliant. Thirty-nine percent say their incident assessment process is not effective and cite a lack of consistency and inability to scale their process as the primary reasons. Healthcare organizations don’t trust their third parties or business associates with sensitive patient information. Seventy-three percent of organizations are either somewhat confident (33 percent) or not confident (40 percent) that their business associates would be able to detect, perform an incident risk assessment and notify their organization in the event of a data breach incident as required under the business associate agreement. The business associates
  • 4.       Ponemon Institute: Private & Confidential Report 4   they worry most about are IT service providers, claims processor and benefits management. Only 30 percent are very confident or confident that their business associates are appropriately safeguarding patient data as required under the Final Rule. Organizations rely on policies and procedures to achieve compliance and secure sensitive information. Fifty-five percent of organizations agree they have the policies and procedures that effectively prevent or quickly detect unauthorized patient data access, loss or theft. Unfortunately, the budget, technologies and resources needed to safeguard patient information from a data breach are not as available. Further, less than half (46 percent) of organizations have personnel who are knowledgeable about HITECH and states’ data breach notification laws. Majority of organizations say the HIPAA Final Rule has either not affected patient data privacy and security programs or it’s too early to tell. The HIPAA Final Omnibus Rule seeks to better protect patients by removing the harm threshold. Covered entities and their business associates must still conduct an incident risk assessment, for every data security incident that involves PHI. Rather than determine the risk of harm, the risk assessment determines the probability that PHI has been compromised. While 44 percent of organizations say it has affected their programs, 41 percent say it has not and 15 percent say it is too early to tell. The biggest change has been to require policies and procedures to be updated. Most healthcare organizations are not in compliance with AOD requirements. Less than half of the organizations in this study report they are in full compliance (25 percent) or nearly in full compliance (23 percent) with the Accounting of Disclosures (AOD) requirement. These organizations say they achieve compliance mostly by an ad-hoc process (31 percent), a paper- based process or tool that was developed internally (27 percent), a software-based process or tool that was developed internally (27 percent) or a software-based process or tool that was developed by a third party (15 percent).
  • 5.       Ponemon Institute: Private & Confidential Report 5   Part 2. Key findings In this section, we provide a more detailed analysis of the research findings. Whenever possible, we show trends in the findings since the study was first conducted in 2010. The complete audited results are presented in the appendix of this report. The findings are organized according to the following issues: • Data breaches decline but are still pervasive • ACA puts patient data at risk • Insider-outsider threats to sensitive data are on the rise • Healthcare organizations struggle to comply with the HIPAA Final Rule Data breaches decline but are still pervasive The number of data breaches decrease slightly. Ninety percent of healthcare organizations in this study have had at least one data breach in the past two years. As shown in Figure 1, 38 percent report they have had more than five incidents. This is a decline from last year’s report when 45 percent of organizations had more than 5 but greater than what was first reported in 2010. This coupled with an increase in organizations’ level of confidence in data breach detections suggests that modest improvements have been made in reducing threats to patient data. Figure 1. Experienced a data breach involving the loss of patient data in the past two years 10% 16% 36% 38% 6% 16% 33% 45% 4% 17% 33% 46% 14% 26% 31% 29% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% No Yes, 1 incident Yes, 2 to 5 incidents Yes, more than 5 incidents FY 2013 FY 2012 FY 2011 FY 2010
  • 6.       Ponemon Institute: Private & Confidential Report 6   Consistent with the previous three annual studies, the data breaches are most likely to involve healthcare records with the most sensitive and valuable information for identity thieves. According to Figure 2, billing and insurance records and medical files are the most likely to be lost or stolen. Figure 2. Type of patient data lost or stolen More than one choice permitted 3% 19% 20% 25% 17% 47% 49% 2% 20% 15% 19% 24% 48% 48% 2% 18% 18% 20% 22% 46% 49% 0% 10% 20% 30% 40% 50% 60% Other Prescription details Monthly statements Scheduling details Payment details Medical file Billing and insurance record FY 2013 FY 2012 FY 2011
  • 7.       Ponemon Institute: Private & Confidential Report 7   Healthcare organizations improve ability to control data breach costs. The economic impact of one or more data breaches for healthcare organizations in this study ranges from less than $10,000 to more than $1 million over a two-year period. Based on the ranges reported by respondents, we calculated that the average economic impact of data breaches over the past two years for the healthcare organizations represented in this study is $1,973,895, as shown in Figure 3. This is a decrease of 17 percent or almost $400,000 since last year. Figure 3. Economic impact of data breach incidents experienced over the past two years Average economic impact of data breach over the past two years is  $1,973,895   7% 4% 1% 4% 11% 25% 19% 29% 5% 5% 2% 3% 8% 26% 21% 30% 5% 3% 1% 3% 8% 23% 26% 31% 5% 5% 3% 4% 10% 26% 22% 25% 0% 5% 10% 15% 20% 25% 30% 35% Cannot determine Less than $10,000 $10,001 to $50,000 $50,001 to $100,000 $100,001 to $200,000 $200,001 to $500,000 $500,001 to $1 million More than $1 million FY 2013 FY 2012 FY 2011 FY 2010
  • 8.       Ponemon Institute: Private & Confidential Report 8   Contributing to the cost reduction is the fact that the size of the breaches decreased. According to Figure 4, the average number of lost or stolen records per breach was 2,150. Last year the average number was almost 3,000 records. Based on other research conducted by Ponemon Institute, the average cost per one lost or stolen record is $188. This suggests that it could take only one data breach to have an economic impact of $404,200. 3 Figure 4. Number of compromised records Extrapolated average is 2,150                                                                                                                 3 See 2013 Cost of Data Breach, conducted by Ponemon Institute, May 2013 61% 20% 12% 5% 2% 1% 42% 25% 19% 12% 2% 0% 38% 28% 21% 11% 3% 0% 49% 25% 16% 8% 2% 0% 0% 10% 20% 30% 40% 50% 60% 70% 10 to 100 101 to 1,000 1,001 to 5,000 5,001 to 10,000 10,001 to 100,000 > 100,000 FY 2013 FY 2012 FY 2011 FY 2010
  • 9.       Ponemon Institute: Private & Confidential Report 9   ACA puts patient data at risk ACA increases risk to patient privacy and information security. Respondents in 69 percent of organizations represented believe the ACA significantly increases or increases the risk to patient privacy and security. As shown in Figure 5, the primary concerns are insecure exchange of patient information between healthcare providers and government (75 percent of organizations), patient data on insecure databases (65 percent) and patient registration on insecure websites (63 percent of organizations). Figure 5. Primary concerns regarding the risks to patient information More than one choice permitted ACO participation increases data breach risks. Fifty-one percent of organizations say they are part of an Accountable Care Organization (ACO) and 66 percent say the risks to patient privacy and security due to the exchange of patient health information among participants has increased. According to Figure 6, when asked if their organization experienced changes in the number of unauthorized disclosure of PHI, 41 percent say it is too early to tell. Twenty-three percent say they noticed an increase as shown in Figure 6. Figure 6. Changes in the number of unauthorized disclosures of PHI 2% 63% 65% 75% 0% 10% 20% 30% 40% 50% 60% 70% 80% Other Patient registration on insecure websites Patient data on insecure databases Insecure exchange of patient information between healthcare providers and government 23% 3% 33% 41% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% Yes, an increase Yes, a decrease No changes Too early to tell
  • 10.       Ponemon Institute: Private & Confidential Report 10   Confidence in the security of Health Information Exchanges (HIEs) remains low. An HIE is defined as the mobilization of healthcare information electronically across organizations within a region, community or hospital system. The percentage of organizations joining HIEs increases only slightly. This year, 32 percent say they are members and this is up slightly from 28 percent last year. One-third of organizations say they do not plan to become a member. Figure 7 shows that the primary reason could be that 72 percent of respondents say they are only somewhat confident (32 percent) or not confident (40 percent) in the security and privacy of patient data share on HIEs. Figure 7. Confidence in the security and privacy of patient data shared on HIEs 13% 15% 32% 40% 17% 17% 30% 36% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% Very confident Confident Somewhat confident Not confident FY 2013 FY 2012
  • 11.       Ponemon Institute: Private & Confidential Report 11   Insider-outsider threats to sensitive data are on the rise Criminal attacks on healthcare organizations increase 100 percent since 2010. Insider negligence continues to be at the root of most data breaches reported in this study but a major challenge for healthcare organizations is addressing the criminal threat as shown in Figure 8. These types of attacks on sensitive data have increased 100 percent since the study was conducted in 2010 from 20 percent of organizations reporting criminal attacks to 40 percent of organizations in this year’s study. Consistent with previous studies, the primary cause of breaches is a lost or stolen computing device (49 percent), which can be attributed in many cases to employee carelessness. This is followed by employee mistakes or unintentional actions (46 percent), and third-party snafus (41 percent). Figure 8. Nature of the incident More than one choice permitted 10% 15% 31% 20% 34% 45% 41% 9% 14% 33% 30% 46% 41% 49% 8% 14% 31% 33% 42% 42% 46% 8% 12% 32% 40% 41% 46% 49% 0% 10% 20% 30% 40% 50% 60% Intentional non-malicious employee action Malicious insider Technical systems glitch Criminal attack Third-party snafu Unintentional employee action Lost or stolen computing device FY 2013 FY 2012 FY 2011 FY 2010
  • 12.       Ponemon Institute: Private & Confidential Report 12   It is interesting that audit and assessment as the reason for discovering a data breach has increased significantly from 41 percent of respondents in 2010 to 58 percent of respondents this year while patient complaints declined since 2010. Finding out about the data breach from a legal complaint also declined, as shown in Figure 9. Figure 9. How the data breach was discovered More than one choice permitted 8% 9% 19% 21% 41% 47% 41% 7% 14% 20% 28% 35% 51% 43% 5% 10% 26% 26% 36% 47% 52% 7% 12% 19% 26% 35% 46% 58% 0% 10% 20% 30% 40% 50% 60% 70% Law enforcement Loss prevention Legal complaint Accidental Patient complaint Employee detected Audit/assessment FY 2013 FY 2012 FY 2011 FY 2010
  • 13.       Ponemon Institute: Private & Confidential Report 13   Employee negligence is considered the biggest security risk. Figure 10 reveals that 75 percent of organizations say employee negligence is their biggest worry followed by use of public cloud services (41 percent), mobile device insecurity (40 percent) and cyber attackers (39 percent). Figure 10. Security threats of most concern Three choices permitted 2% 5% 12% 13% 16% 23% 34% 39% 40% 41% 75% 0% 10% 20% 30% 40% 50% 60% 70% 80% Other Insecure medical devices Identity thieves Malicious insiders System failures Insecure mobile apps Employee-owned mobile devices Cyber attackers Mobile device insecurity Use of public cloud services Employee negligence
  • 14.       Ponemon Institute: Private & Confidential Report 14   BYOD usage continues to rise. As shown in Figure 11, despite the concerns about employee negligence and the use of insecure mobile device, 88 percent of organizations permit employees and medical staff to use their own mobile devices such as smart phones or tablets to connect to their organization’s networks or enterprise systems such as email. More than half of organizations are not confident that the personally-owned mobile devices or BYOD are secure. Very few organizations require their employees to take such security precautions as requiring anti-virus/anti-malware software to reside on the mobile device prior to connection (23 percent), scanning devices for viruses and malware prior to connection (22 percent) and scanning devices and removing all mobile apps that present a security threat prior to connection (14 percent). Figure 11. Employees permitted to use personal mobile devices to connect to networks 88% 12% 81% 19% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Yes No FY 2013 FY 2012
  • 15.       Ponemon Institute: Private & Confidential Report 15   Since last year, more organizations are taking steps to secure devices. These steps to protect their organization’s network or enterprise systems from the insecurity of BYOD include limiting access from devices to critical systems including those that connect to PHI, requiring users to read and sign an acceptable use policy prior to connection and limiting or restricting the download of PHI onto these devices, according to Figure 12. Figure 12. Measures to ensure devices are secure enough to connect to the network More than one response permitted . 2% 46% 16% 21% 23% 40% 38% 45% 51% 3% 38% 14% 22% 23% 36% 44% 53% 56% 0% 10% 20% 30% 40% 50% 60% Other None of the above steps are done Scan devices and remove apps that present a security threat Scan devices for viruses and malware prior to connection Require anti-virus/anti-malware software to reside on the mobile device Scan devices for viruses and malware while they are connected Limit or restrict the download of PHI Require user to read and sign an acceptable use policy Limit access from devices to critical systems FY 2013 FY 2012
  • 16.       Ponemon Institute: Private & Confidential Report 16   Heavy use of cloud services increases. As discussed above, healthcare organizations view the use of public cloud services as a serious threat. In fact, only one-third are very confident or confident that information in a public cloud environment is secure. Despite the risk, 40 percent of organizations say they use the cloud heavily, an increase from 32 percent last year. The applications or services most used are backup and storage, file-sharing applications, business applications and document sharing and collaboration. According to Figure 13, the types of information most often processed or stored in the cloud are email applications, productivity applications, accounting information and employee information such as payroll data. This is pretty much consistent with previous years. Also processed or stored in the cloud but not as often are patient medical records and billing information. The majority of organizations believe patient medical records and billing information is too sensitive to be processes and/or stored in a public cloud environment. Figure 13. Types of information processed and/or stored in the cloud More than one choice permitted 2% 37% 5% 26% 30% 28% 41% 46% 46% 49% 3% 34% 4% 28% 31% 31% 44% 49% 49% 53% 0% 10% 20% 30% 40% 50% 60% Other None of the above Clinical trial and other research information Patient medical records Patient billing information Administrative and scheduling information Employee information including payroll data Accounting and financial information Productivity applications Email applications FY 2013 FY 2012
  • 17.       Ponemon Institute: Private & Confidential Report 17   Healthcare organizations struggle to comply with the HIPAA Final Rule Half of healthcare organizations are compliant with the post-incident risk assessment requirement in the Final Rule. Fifty-one percent of respondents said they are in full compliance while 49 percent report they are not compliant or are only partially compliant. Thirty-nine percent say their incident assessment process is not effective and cite a lack of consistency and inability to scale their process as the primary reasons. As shown in Figure 14, the process most often used to conduct and document post incident risk assessment is a manual process that was developed internally (34 percent) followed by an ad- hoc process (23 percent). Only 15 percent use an automated tool or process developed internally or one that was developed by a third party (20 percent). Figure 14. Post incident risk assessment process 0% 8% 15% 20% 23% 34% 0% 5% 10% 15% 20% 25% 30% 35% 40% Other Free tool that was developed by an external entity Automated process that was developed internally Automated process that was developed by a third party Ad-hoc process Manual process or tool that was developed internally
  • 18.       Ponemon Institute: Private & Confidential Report 18   Healthcare organizations don’t trust their third parties or business associates 4 with sensitive patient information. Seventy-three percent of organizations are either somewhat confident (33 percent) or not confident (40 percent) that their business associates would be able to detect, perform an incident risk assessment and notify your organization in the event of a data breach incident as required under the business associate agreement. The business associates they worry most about are IT service providers, claims processors and benefits management, as shown in Figure 15. Only 30 percent are very confident or confident that their business associates are appropriately safeguarding patient data as required under the Final Rule. Figure 15. Business associates that present the greatest risk to privacy and security Two choices permitted                                                                                                                 4 A business associate conducts activities on behalf of healthcare organizations that involve the use or disclosure of individually identifiable health information. Such activities can include claims processing or administration, data analysis, billing and other services. According to the HIPAA Final Omnibus Rule, new rules expand the obligations of physicians and other healthcare providers to protect patients’ protected health information (PHI), extend these obligations to other individuals and companies who, as business associates, have access to PHI, and increase the penalties for violations of any of these obligations.   5% 3% 4% 6% 8% 19% 33% 47% 75% 0% 10% 20% 30% 40% 50% 60% 70% 80% Other Legal services Accounting services Consulting services Data analysts Pharmacy benefits manager Benefits management Claims processor IT service provider
  • 19.       Ponemon Institute: Private & Confidential Report 19   Organizations rely on policies and procedures to achieve compliance and secure sensitive information. According to Figure 16, fifty-five percent of organizations agree they have the policies and procedures that effectively prevent or quickly detect unauthorized patient data access, loss or theft. This has increased significantly since 2010 when 41 percent said this was the case. Technical expertise has increased as well since 2010 (from 42 percent of respondents to 49 percent). Unfortunately, the budget, technologies and resources needed to safeguard patient information from a data breach are not as available. Further, less than half (46 percent) of organizations have personnel who are knowledgeable about HITECH and states’ data breach notification laws. Figure 16. Attributions about patient data security Strongly agree and agree response combined 29% 42% 41% 27% 45% 47% 27% 34% 44% 45% 52% 28% 33% 46% 49% 55% 0% 10% 20% 30% 40% 50% 60% Sufficient resources to prevent or quickly detect unauthorized patient data access, loss or theft Security budget is sufficient to curtail or minimize data breach incidents * Personnel are knowledgeable about HITECH and data breach notification laws * Technical expertise to prevent or quickly detect unauthorized patient data access Sufficient policies and procedures to prevent or quickly detect unauthorized patient data access, loss or theft * This choice was not available for FY 2011 & FY 2010 FY 2013 FY 2012 FY 2011 FY 2010
  • 20.       Ponemon Institute: Private & Confidential Report 20   Majority of organizations say the HIPAA Final Rule has either not affected patient data privacy and security programs or it’s too early to tell. The HIPAA Final Omnibus Rule seeks to better protect patients by removing the harm threshold. Covered entities and their business associates must still conduct an incident risk assessment, for every data security incident that involves PHI. Rather than determine the risk of harm, the risk assessment determines the probability that PHI has been compromised. While 44 percent of organizations say it has affected their programs, 41 percent say it has not and 15 percent say it is too early to tell. According to Figure 17, the biggest change has been to require policies and procedures to be updated followed by conducted a risk assessment or analyses. Figure 17. How the Final Rule changed patient data privacy and security programs More than one choice permitted 40% 15% 21% 28% 29% 31% 36% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% None of the above Purchased cyber insurance Require certain third parties to strengthen their data privacy and security procedures Changed relationships with certain third parties Conducted employee training and awareness Conducted a risk assessment/risk analyses Required an update to our policies and procedures
  • 21.       Ponemon Institute: Private & Confidential Report 21   Most healthcare organizations are not in compliance with AOD requirements. Less than half of the organizations in this study report they are in full compliance (25 percent) or nearly in full compliance (23 percent) with the Accounting of Disclosures (AOD) requirement. Figure 18 reveals that these organizations say they achieve compliance mostly by an ad-hoc process (31 percent), a paper-based process or tool that was developed internally (27 percent), a software-based process or tool that was developed internally (27 percent) or a software-based process or tool that was developed by a third party (15 percent). Figure 18. How is compliance with the Accounting of Disclosures achieved? Part 3. Conclusion The more things change the more they stay the same. Four years of conducting this research reveals that healthcare organizations continue to have data breaches due to the human factor. These include employees’ carelessness with their computing devices and other unintended but negligent acts that put patient data in jeopardy. For the first time, we asked what is the greatest risk to the security and privacy of patient information. The vast majority (75 percent) of organizations say it is employee negligence. A major change in the delivery of healthcare services is also having an impact on the risks to patient information. The ACA has healthcare organizations worried about insecure websites, databases and health information exchanges that are highly vulnerable to insider and outsider threats. Healthcare security professionals need to address both internal and external threats. The research reveals that many organizations are relying on policies and procedures to achieve compliance and secure sensitive information. In addition to policies, organizations should be focused on technologies that secure mobile devices and protect sensitive data that is stored in the cloud. Training and awareness programs should be conducted at every level of the organization to reduce the negligent employee risk. Finally, the growth in criminal attacks against healthcare organizations calls for assessments of areas vulnerable to attack and investment in technologies that protect organizations from malicious outsiders. Implementing these measures is a huge challenge but critical to the future of the industry. 15% 27% 27% 31% 0% 5% 10% 15% 20% 25% 30% 35% Software-based process or tool that was developed by a third party Paper-based process or tool that was developed internally Software-based process or tool that was developed internally Ad-hoc process
  • 22.       Ponemon Institute: Private & Confidential Report 22   Part 4. Benchmark Methods Table 1 summarizes the responses completed over a three-month period concluding in January 2014. A total of 505 health care organizations were selected for participation and contacted by the researcher. One hundred and eleven organizations agreed to complete the benchmark survey; however, 93 completed the benchmark instrument. Two benchmarked organizations were deemed incomplete and, hence, removed from the sample. A final sample of 91 organizations was used in our analysis, which is a net increase of 11 organizations from our 2012 study. Table 1. Benchmark sampling response FY 2013 FY 2012 FY 2011 FY 2010 Total healthcare organizations contacts made 505 499 511 457 Total healthcare organizations recruited 111 92 98 99 Total healthcare organizations participating 93 81 75 67 Total healthcare organizations providing incomplete responses 2 1 3 2 Final benchmark sample 91 80 72 65 Pie Chart 1 reports the type of healthcare providers that participated in this research, with 59 percent representing private organizations. Pie Chart 2 shows the size of organizations with respect to the number of patient beds. Forty-two percent of participating healthcare providers have a 301 to 600-bed capacity, while 35 percent have 101 to 300 beds. Pie Chart 1. Type of health care provider Pie Chart 2. The number of patient beds (size) 59% 36% 5% Private Public Other 17% 35% 42% 6% < 100 101 to 300 301 to 600 > 600
  • 23.       Ponemon Institute: Private & Confidential Report 23   According to Pie Chart 3, the primary roles of respondents or their supervisors interviewed in this study are HIPAA compliance leader (12%), chief information security officer (11 percent), chief information officer (11 percent), chief compliance officer (10 percent) and billing & administrative leader (10 percent). Pie Chart 3. What best describes your role or the role of your supervisor? 12% 11% 11% 10% 10% 9% 6% 6% 5% 5% 4% 3% 3% 3% 2% * This response was not available for all fiscal years HIPAA compliance leader Chief information security officer Chief information officer Chief compliance officer Billing & administrative leader Medical records management leader Chief security officer General counsel Chief privacy officer Chief finance officer Human resources leader Chief medical officer Chief medical information officer * Clinician Chief development officer
  • 24.       Ponemon Institute: Private & Confidential Report 24   Part 5. Limitations The presented findings are based on self-reported benchmark survey returns. Usable returns from 91 organizations – or about 18 percent of those organizations initially contacted – were collected and used in the above-mentioned analysis. It is always possible those organizations that chose not to participate are substantially different in terms of data protection and compliance activities. Because our sampling frame is a proprietary list of organizations known to the researcher, the quality of our results is influenced by the accuracy of contact information and the degree to which the list is representative of the population of all covered entities and business associates in the United States. While it is our belief that our sample is representative, we do acknowledge that results may be biased in two important respects: • Survey results are skewed to larger-sized healthcare organizations, excluding the plethora of very small provider organizations including local clinics and medical practitioners. • Our contact methods targeted individuals who are presently in the data protection, security, privacy or compliance fields. Hence, it is possible that contacting other individuals in these same organizations would have resulted in different findings. To keep the survey concise and focused, we omitted other normatively important variables from the analyses. Omitted variables might explain survey findings, especially differences between covered entities and business associates as well as organizational size. The quality of survey research is based on the integrity of confidential responses received from respondents. While certain checks and balances have been incorporated into our survey methods, there is always the possibility that certain respondents did not provide accurate or complete responses to our benchmark instrument. We fully acknowledge that our sample size is small and, hence, the ability to generalize findings about organizational size, organizational type, and program maturity is limited. Great care should be exercised before attempting to generalize these findings to the population of all health care providers. Finally, we compare the 2013 results to benchmark studies completed in 2012, 2011 and 2010. While these four samples were approximately matched based on organizational size, type and regional location, we can only infer trends from between-sample differences.
  • 25.       Ponemon Institute: Private & Confidential Report 25   Appendix: Detailed Results The following tables provide the frequency and percentage frequency of all benchmark survey questions completed by 91 participating companies. All field research was completed over a three-month period concluding in January 2014 Benchmark sampling response FY 2013 FY 2012 FY 2011 FY 2010 Total healthcare organizations contacts made 505 499 511 457 Total healthcare organizations recruited 111 92 98 99 Total healthcare organizations participating 93 81 75 67 Total healthcare organizations providing incomplete responses 2 1 3 2 Final benchmark sample 91 80 72 65 Screening Question S1. Is your organization a healthcare provider subject to HIPAA as a coverend entity FY 2013 FY 2012 FY 2011 FY 2010 Yes 91 No 0 Part 1: Organizational characteristics Q1a. What best describes your organization: FY 2013 FY 2012 FY 2011 FY 2010 Public healthcare provider 36% 35% 32% 35% Private healthcare provider 59% 58% 57% 54% Other 5% 8% 11% 11% Total 100% 100% 100% 100% Q1b. How many patient beds (capacity) does your organization have? FY 2013 FY 2012 FY 2011 FY 2010 Less than 100 17% 16% 17% 18% 101 to 300 35% 36% 35% 32% 301 to 600 42% 40% 42% 45% More than 600 6% 8% 7% 5% Total 100% 100% 100% 100% Q1c. What best describes your organization's operating structure? FY 2013 FY 2012 FY 2011 FY 2010 Integrated Delivery System 34% 36% 36% 35% Hospital or clinic that is part of a healthcare network 49% 46% 47% 46% Standalone hospital 13% 14% 17% 17% Standalone Clinic 4% 4% Other 0% 0% 0% 2% Total 100% 100% 100% 100% Q1d. Please indicate the region of the United States where you are located. FY 2013 FY 2012 FY 2011 FY 2010 Northeast 20% 21% 22% 23% Mid-Atlantic 20% 20% 21% 20% Midwest 15% 16% 15% 15% Southeast 12% 11% 13% 12% Southwest 14% 13% 13% 14% Pacific-West 19% 19% 17% 15% Total 100% 100% 100% 100%
  • 26.       Ponemon Institute: Private & Confidential Report 26     Q1e. What best describes your role or the role of your supervisor? FY 2013 FY 2012 FY 2011 FY 2010 Chief security officer 6% 5% 5% 7% Chief information security officer 11% 9% 10% 9% Chief information officer 11% 12% 11% 6% Chief privacy officer 5% 5% 6% 4% Chief compliance officer 10% 11% 11% 11% Chief medical officer 3% 2% 3% 1% Chief clinical officer 0% 1% 1% 0% Chief risk officer (2012) 0% 2% Chief medical information officer (2012) 3% 2% Chief finance officer 5% 4% 4% 6% Chief development officer 2% 1% 2% 2% General counsel 6% 6% 5% 6% HIPAA compliance leader 12% 11% 11% 12% Clinician 3% 4% 3% 1% Billing & administrative leader 10% 10% 12% 15% Medical records management leader 9% 8% 11% 13% Human resources leader 4% 5% 5% 5% Other 0% 2% 1% 1% Total 100% 100% 100% 100% Total number of individual interviews 388 324 300 211 Average number of interviews per HC organization 4.26 4.05 4.17 3.25 Q1f. What best describes your department or function? FY 2013 FY 2012 FY 2011 FY 2010 Compliance 100% 94% 100% 91% Privacy 42% 34% 39% 48% Information technology (IT) 81% 79% 76% 45% Legal 23% 21% 21% 20% Finance 19% 16% 15% 20% Marketing 4% 6% 8% 6% Medical informatics 26% 24% 24% 17% Medical staff 21% 19% 18% 15% Patient services 52% 48% 47% 38% Records management 20% 23% 14% 9% Risk management 9% 6% 15% 9% Development (foundation) 4% 6% 11% 8% Planning 6% 10% 4% 6% Human resources 13% 14% 19% 20% Other 6% 6% 4% 0% Total 426% 405% 417% 352%
  • 27.       Ponemon Institute: Private & Confidential Report 27     Strongly agree and Agree response combined Part 2. Attributions. Please rate your opinion about the statements contained in Q2 to Q7 using the scale provided below each item. FY 2013 FY 2012 FY 2011 FY 2010 Q2. My organization has sufficient policies and procedures that effectively prevent or quickly detect unauthorized patient data access, loss or theft. 55% 52% 47% 41% Q3. My organization has sufficient technologies that effectively prevent or quickly detect unauthorized patient data access, loss or theft. 44% 40% 38% 37% Q4. My organization has sufficient resources to prevent or quickly detect unauthorized patient data access, loss or theft. 28% 27% 27% 29% Q5. My organization has personnel who have sufficient technical expertise to be able to identify and resolve data breaches involving the unauthorized access, loss or theft of patient data. 49% 45% 45% 42% Q6. Our organization's security budget is sufficient to curtail or minimize data breach incidents. 33% 34% Q7. My organization has personnel who are knowledgeable about HITECH and states' data breach notification laws. 46% 44% Part 3: Data Breach Q8. Has your department suffered a data breach involving the loss or theft of patient data in the past two years as defined above? 2013 Pct% 2012 Pct% 2011 Pct% 2010 Pct% No 10% 6% 4% 14% Yes, 1 incident 16% 16% 17% 26% Yes, 2 to 5 incidents 36% 33% 33% 31% Yes, more than 5 incidents 38% 45% 46% 29% Total 100% 100% 100% 100% Extrapolated average number of data breaches for the sample 3.70 4.00 4.08 3.09 Extrapolated total number of data breaches for the sample 337 320 294 201 Q9. How confident are you that your organization has the ability to detect all patient data loss or theft? 2013 Pct% 2012 Pct% 2011 Pct% 2010 Pct% Very confident 15% 13% 12% 11% Confident 38% 33% 31% 31% Little confidence 29% 31% 33% 35% No confidence 18% 23% 24% 23% Total 100% 100% 100% 100% Q10. Two separate data breach incidents over the past two years. FY 2013 FY 2012 FY 2011 FY 2010 Number of incidents reported 337 320 294 201 Number of observed incidents used in the analysis of Q10 169 156 138 157
  • 28.       Ponemon Institute: Private & Confidential Report 28     Q10a. Approximate number of compromised records FY 2013 FY 2012 FY 2011 FY 2010 < 10 0% 10 to 100 49% 38% 42% 61% 101 to 1,000 25% 28% 25% 20% 1,001 to 5,000 16% 21% 19% 12% 5,001 to 10,000 8% 11% 12% 5% 10,001 to 100,000 2% 3% 2% 2% > 100,000 0% 0% 0% 1% Total 100% 100% 100% 100% Extroplated average number of lost or stolen records over two years 2,150 2,769 2,575 1,769 Q10b. Nature of the incident FY 2013 FY 2012 FY 2011 FY 2010 Unintentional employee action 46% 42% 41% 45% Intentional non-malicious employee action 8% 8% 9% 10% Technical systems glitch 32% 31% 33% 31% Criminal attack 40% 33% 30% 20% Malicious insider 12% 14% 14% 15% Third-party snafu 41% 42% 46% 34% Lost or stolen computing device 49% 46% 49% 41% Total 228% 216% 220% 197% *More than one selection is permitted Q10c. Type of device compromised or stolen FY 2013 FY 2012 FY 2011 FY 2010 Desktop or laptop 30% 38% 43% Smartphone 28% 24% 21% Tablet 27% 18% 7% Notebook 1% 2% 4% Server 3% 5% 7% USB drive 11% 13% 16% Total 100% 100% 100% Q10d. Type of patient data lost or stolen FY 2013 FY 2012 FY 2011 FY 2010 Medical file 46% 48% 47% Billing and insurance record 49% 48% 49% Scheduling details 20% 19% 25% Prescription details 18% 20% 19% Payment details 22% 24% 17% Monthly statements 18% 15% 20% Other 2% 2% 3% Total 175% 176% 180% *More than one selection is permitted Q10e. How the data breach was discovered FY 2013 FY 2012 FY 2011 FY 2010 Accidental 26% 26% 28% 21% Loss prevention 12% 10% 14% 9% Patient complaint 35% 36% 35% 41% Law enforcement 7% 5% 7% 8% Legal complaint 19% 26% 20% 19% Employee detected 46% 47% 51% 47% Audit/assessment 58% 52% 43% 41% Total 203% 202% 198% 187% *More than one selection is permitted
  • 29.       Ponemon Institute: Private & Confidential Report 29   Q10f. Offer of protection services FY 2013 FY 2012 FY 2011 FY 2010 None offered 70% 65% 65% Credit monitoring 20% 22% 19% Other identity monitoring 6% 4% 6% Insurance 0% 1% 1% Identity restoration 4% 7% 9% Financial incentives (i.e., gift cards) 0% Other 0% 0% 0% Total 100% 100% 100% *More than one selection is permitted Q11. What best describes the process for preventing and detecting data breach incidents in your organization today? Please select only one. FY 2013 FY 2012 FY 2011 FY 2010 An "ad hoc" process 19% 23% 27% 35% Mostly a process that relies on policies and procedures 29% 28% 29% 23% Mostly a process that relies on security technologies 20% 20% 21% 16% A combination of manual proceduress and security technologies 29% 24% 19% 20% None of the above 3% 5% 4% 6% Total 100% 100% 100% 100% Q12. How confident are you that your organization has the abiility to prevent or quickly detect patient data loss or theft? FY 2013 FY 2012* FY 2011* FY 2010* Very confident 13% 13% 12% 11% Confident 32% 33% 31% 31% Somewhat confident 34% 31% 33% 35% Not confident 21% 23% 24% 23% Total 100% 100% 100% 100% *Question was worded differently in prior studies Q13. In your opinion (best guess), what best describes the lifetime economic value, on average, of one patient or customer to your organization? FY 2013 FY 2012 FY 2011 FY 2010 Less than $10,000 11% 9% 10% 12% $10,001 to $50,000 35% 32% 31% 29% $50,001 to $100,000 21% 24% 23% 21% $100,001 to $200,000 11% 12% 10% 13% $200,001 to $500,000 6% 7% 4% 5% $500,001 to $1 million 2% 3% 3% 3% More than $1 million 2% 2% 3% 2% Cannot determine 12% 11% 16% 15% Total 100% 100% 100% 100% Average lifetime value of one lost patient (customer) $97,990 $111,810 $113,400 $107,580
  • 30.       Ponemon Institute: Private & Confidential Report 30     Q14. In your opinion (best guess), what best describes the economic impact of data breach incidents experience by your organization over the past two years? FY 2013 FY 2012 FY 2011 FY 2010 Less than $10,000 5% 3% 5% 4% $10,001 to $50,000 3% 1% 2% 1% $50,001 to $100,000 4% 3% 3% 4% $100,001 to $200,000 10% 8% 8% 11% $200,001 to $500,000 26% 23% 26% 25% $500,001 to $1 million 22% 26% 21% 19% More than $1 million 25% 31% 30% 29% Cannot determine 5% 5% 5% 7% Total 100% 100% 100% 100% Average economic impact of data breach over the past two years $1,973,895 $2,390,270 $2,243,700 $2,060,174 Q15. In your opinion, what harms do patients actually suffer if their records are lost or stolen? FY 2013 FY 2012 FY 2011 FY 2010 Increase risk of financial identity theft 60% 61% 59% 56% Increase risk of medical identity theft 55% 59% 51% 45% Increased risk that personal health facts will be disclosed 72% 70% 73% 61% None 8% 9% 10% 8% Total 195% 199% 193% 170% Q16a. Does your organization consult with third parties to determine if a data exposure incident requires notification under applicable federal and state regulations? FY 2013 FY 2012 FY 2011 FY 2010 Yes, we consult with outside legal counsel 53% Yes, we consult with our cyber insurance carrier 12% Yes, we consult with auditors 15% Yes, we consult with privacy & data protection experts 13% No we determine this through ourselves (internally) 36% Total 129% Q16b. If yes, how have these third parties changed the frequency of your organization's data breach notifications? FY 2013 FY 2012 FY 2011 FY 2010 We now report more breaches 17% We now report fewer breaches 12% We report about the same number of breaches 71% Total 100%
  • 31.       Ponemon Institute: Private & Confidential Report 31     Q17. Does your organization perform the following activities (Please check all that apply)? FY 2013 FY 2012 FY 2011 FY 2010 Annual or periodic privacy risk assessments 18% 16% Annual or periodic security risk assessments 51% 48% Incident response plan development and or test 31% 26% Updated policies and procedures in response to regulatory changes 46% 47% Annual or periodic HIPAA privacy and security awareness training of all staff 63% 56% Vetting and monitoring of third parties, including business associates 55% 49% Updating of agreements with business associates 53% 48% Total 317% 290% Q18. Is your EHR system in compliance with the HHS mandated requirements to protect patient privacy? FY 2013 FY 2012 FY 2011 FY 2010 Yes, fully 28% 22% Partially 33% 29% No 14% 19% We don't use EHRs 25% 30% Total 100% 100% Q19. Is your organization a member of a Health Information Exchange (HIE)? FY 2013 FY 2012 FY 2011 FY 2010 Yes 32% 28% We will become a member 20% 17% We are considering membership 15% 20% No, we do not plan to become a member of HIE 33% 35% Total 100% 100% Q20. What is your level of confidence as to the security and privacy of patient data shared on Health Information Exchanges? FY 2013 FY 2012 FY 2011 FY 2010 Very confident 13% 17% Confident 15% 17% Somewhat confident 32% 30% Not confident 40% 36% Total 100% 100% Q21a. Has the HIPAA Final Omnibus Rule affected your organization’s patient data privacy and security programs? FY 2013 FY 2012 FY 2011 FY 2010 Yes 44% No 41% Too early to tell 15% Total 100%
  • 32.       Ponemon Institute: Private & Confidential Report 32     Q21b. If yes, how has the Final Rule changed your organization’s patient data privacy and security programs? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010 Required an update to our policies and procedures 36% Require certain third parties to strengthen their data privacy and security procedures 21% Changed relationships with certain third parties 28% Conducted employee training and awareness 29% Conducted a risk assessment/risk analyses 31% Purchased cyber insurance 15% None of the above 40% Total 200% Q22. How confident are you that your organization’s business associates are appropriately safeguarding patient data as required under the Final Rule? FY 2013 FY 2012 FY 2011 FY 2010 Very confident 13% Confident 17% Somewhat confident 31% Not confident 39% Total 100% Q23. How confident are you that your organization’s business associates would be able to detect, perform an incident risk assessment and notify your organization in the event of a data breach incident as required under your business associate agreement? FY 2013 FY 2012 FY 2011 FY 2010 Very confident 11% Confident 16% Somewhat confident 33% Not confident 40% Total 100% Q24. In your opinion, which of the following business associates present the greatest risk to the privacy and security of patient data. Please select the top two? FY 2013 FY 2012 FY 2011 FY 2010 IT service provider 75% Claims processor 47% Data analysts 8% Accounting services 4% Legal services 3% Consulting services 6% Benefits management 33% Pharmacy benefits manager (PBM) 19% Other (please specify) 5% Total 200%
  • 33.       Ponemon Institute: Private & Confidential Report 33     Q25a. Does your organization conduct and document post incident risk assessments as required in the Final Rule? FY 2013 FY 2012 FY 2011 FY 2010 Yes, full compliance 51% Yes, partial compliance (in-process) 33% No 16% Total 100% Q25b. If yes, which one of the following choices best describes your process? FY 2013 FY 2012 FY 2011 FY 2010 An ad-hoc process 23% A manual process or tool that was developed internally 34% An automated process or software tool that was developed internally 15% An automated process or software tool that was developed by a third party 20% A free tool that was developed by an external entity or association 8% Other (please specify) 0% Total 100% Q26a. How effective is your organization’s incident risk assessment process? FY 2013 FY 2012 FY 2011 FY 2010 Very effective 21% Effective 40% Not effective 39% Total 100% Q26b. If you selected not effective, what are your primary concerns? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010 Lack of consistency in the outcomes of the incident risk assessment process 79% Difficulty in using applications and tools 23% Lack of scalability of the process 48% Other (please specify) 6% Total 156% Q27a. How does the Affordable Care Act affect the privacy and security of patient information? FY 2013 FY 2012 FY 2011 FY 2010 Significantly increases risk 36% Increases risk 33% No impact on risk 13% Decreases risk 6% Significantly decreases risk 7% Cannot determine 5% Total 100%
  • 34.       Ponemon Institute: Private & Confidential Report 34     Q27b. If you believe the risk to patient information increases, what are your primary concerns? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010 Patient registration on insecure websites 63% Patient data on insecure databases 65% Insecure exchange of patient information between healthcare providers and government 75% Other (please specify) 2% Total 205% Q28a. Is your organization part of an Accountable Care Organization (ACO)? FY 2013 FY 2012 FY 2011 FY 2010 Yes 51% No 49% Total 100% Q28b. If yes, are you finding increased patient privacy and security risks with the exchange of patient health information among participants? FY 2013 FY 2012 FY 2011 FY 2010 Yes 66% No 34% Total 100% Q28c. If yes, has your organization experienced changes in the number of unauthorized disclosures of PHI? FY 2013 FY 2012 FY 2011 FY 2010 Yes, we noticed an increase 23% Yes, we noticed a decrease 3% No, we have not noticed any changes 33% Too early to tell 41% Total 100% Q29a. What best describes your organization’s state of compliance with the Accounting of Disclosures requirement? Please select only one. FY 2013 FY 2012 FY 2011 FY 2010 We are in full compliance 25% We are nearly in full compliance 23% We are not near full compliance 38% We are not taking steps to be in compliance 7% Unsure 7% Total 100% Q29b. If your organization is in full or near full compliance with the Accounting of Disclosures requirement, how is this achieved? Please select only one. FY 2013 FY 2012 FY 2011 FY 2010 An ad-hoc process 31% A paper-based process or tool that was developed internally 27% A software-based process or tool that was developed internally 27% A software-based process or tool that was developed by a third party 15% Total 100%
  • 35.       Ponemon Institute: Private & Confidential Report 35   Q30a. Does your organization permit employees and medical staff to use their own mobile devices such as smart phones or tablets to connect to your organization’s networks or enterprise systems (such as email)? FY 2013 FY 2012 FY 2011 FY 2010 Yes 88% 81% No 12% 19% Total 100% 100% Q30b. If yes, approximately what percentage of your organization’s employees (including part- time and contract employees) use their personally owned mobile device such as a smartphone or tablet? FY 2013 FY 2012 FY 2011 FY 2010 Less than 10% 5% 5% 10 to 25% 9% 11% 26 to 50% 26% 35% 51 to 75% 30% 21% More than 75% 30% 28% Total 100% 100% Extrapolated percentage use rate 57% 53% Q30c. If yes, how does your organization ensure these personally owned mobile devices are secure enough to connect to your organization’s network or enterprise systems? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010 Scan devices for viruses and malware prior to connection 22% 21% Scan devices and remove all mobile apps that present a security threat prior to connection 14% 16% Scan devices for viruses and malware while they are connected 36% 40% Require anti-virus/anti-malware software to reside on the mobile device prior to connection 23% 23% Require user to read and sign an acceptable use policy prior to connection 53% 45% Limit access from devices to critical systems including those that connect to PHI 56% 51% Limit or restrict the download of PHI onto these devices 44% 38% None of the above steps are done 38% 46% Other (please specify) 3% 2% Total 289% 282% Q30d. If yes, how confident are you that the personally-owned mobile devices used in your organization are secure? FY 2013 FY 2012 FY 2011 FY 2010 Very confident 9% 9% Confident 17% 16% Somewhat confident 23% 21% Not confident 51% 54% Total 100% 100%
  • 36.       Ponemon Institute: Private & Confidential Report 36     Q31. Does the scope of your organization’s IT security and/or data protection activities include the security of FDA-approved medical devices such as those attached or not attached to the patient (such as insulin pumps or medical imaging equipment)? FY 2013 FY 2012 FY 2011 FY 2010 Yes 30% 31% No 70% 69% Total 100% 100% Q32. What best describes your organization’s use of cloud services? FY 2013 FY 2012 FY 2011 FY 2010 No use of cloud services (skip to Q37) 8% 9% Light use of cloud services 23% 29% Moderate use of cloud services 29% 30% Heavy use of cloud services 40% 32% Total 100% 100% Q33. What cloud applications or services does your organization presently use? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010 Peer-to-peer communications (such as Skype) 39% 35% Social media applications (such as Facebook, LinkedIn, Twitter, etc.) 25% 26% Business applications (such as SalesForce.com, webmail, HR, etc.) 43% 39% Document sharing and collaboration (such as Dropbox, etc.) 42% 35% Infrastructure applications (online backup, security, archiving, etc.) 33% 33% Services such as identity management, payments, search and others 29% 28% Solution stacks such as Java, PHP, Python, ColdFusion and others 18% 19% Backup & storage 45% 41% Other (please specify) 3% 2% Total 277% 258% Q34. What types of information does your organization process and/or store in a public cloud environment? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010 Patient medical records 28% 26% Patient billing information 31% 30% Clinical trial and other research information 4% 5% Employee information including payroll data 44% 41% Administrative and scheduling information 31% 28% Accounting and financial information 49% 46% Email applications 53% 49% Productivity applications 49% 46% None of the above 34% 37% Other (please specify) 3% 2% Total 326% 310%
  • 37.       Ponemon Institute: Private & Confidential Report 37     Q35. What types of information does your organization consider too sensitive to be processed and/or stored in a public cloud environment? Please select all that apply. FY 2013 FY 2012 FY 2011 FY 2010 Patient medical records 52% 56% Patient billing information 50% 51% Clinical trial and other research information 44% 37% Employee information including payroll data 31% 34% Administrative and scheduling information 25% 29% Accounting and financial information 32% 33% Email applications 12% 15% Productivity applications 13% 18% None of the above 34% 35% Other (please specify) 2% 2% Total 295% 310% Q36. How confident are you that information in a public cloud environment is secure? FY 2013 FY 2012 FY 2011 FY 2010 Very confident 12% 11% Confident 21% 19% Somewhat confident 21% 23% Not confident 46% 47% Total 100% 100% Q37. What best describes your organization’s privacy and security functions. Please select only one. FY 2013 FY 2012 FY 2011 FY 2010 Privacy and security functions are completely separate 30% Privacy and security functions overlap in some places (hybrid) 51% Privacy and security functions are combined 19% Total 100% Q38. What security threats is your organization most concerned about? Select the top three. FY 2013 FY 2012 FY 2011 FY 2010 Employee-owned mobile devices or BYOD 34% Mobile device insecurity 40% Use of public cloud services 41% Insecure medical devices 5% Employee negligence 75% Malicious insiders 13% Cyber attackers 39% Identity thieves 12% Insecure mobile apps (eHealth) 23% System failures 16% Other (please specify) 2% Total 300% For more information about this study, please contact Ponemon Institute by sending an email to research@ponemon.org or calling our toll free line at 1.800.887.3118.  
  • 38.       Ponemon Institute: Private & Confidential Report 38   Ponemon Institute Advancing Responsible Information Management   Ponemon Institute is dedicated to independent research and education that advances responsible information and privacy management practices within business and government. Our mission is to conduct high quality, empirical studies on critical issues affecting the management and security of sensitive information about people and organizations. As a member of the Council of American Survey Research Organizations (CASRO), we uphold strict data confidentiality, privacy and ethical research standards. We do not collect any personally identifiable information from individuals (or company identifiable information in our business research). Furthermore, we have strict quality standards to ensure that subjects are not asked extraneous, irrelevant or improper questions.