Overview

Title

To enhance the cybersecurity of the Healthcare and Public Health Sector.

ELI5 AI

The bill wants to make hospitals and health services safer from hackers by working with computer experts who help protect important information and train workers to handle these threats better.

Summary AI

S. 4697 aims to enhance cybersecurity for the Healthcare and Public Health Sector in the United States. The bill proposes that the Cybersecurity and Infrastructure Security Agency (CISA) work closely with the Department of Health and Human Services to improve cybersecurity measures. It includes creating a specific plan to address cybersecurity risks, training healthcare operators to handle these threats, and evaluating strategies for protecting sensitive health information. Additionally, the legislation outlines how to identify high-risk healthcare assets and prioritize resources to strengthen their cybersecurity.

Published

2024-12-09
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-12-09
Package ID: BILLS-118s4697rs

Bill Statistics

Size

Sections:
17
Words:
4,301
Pages:
24
Sentences:
62

Language

Nouns: 1,327
Verbs: 352
Adjectives: 142
Adverbs: 37
Numbers: 171
Entities: 243

Complexity

Average Token Length:
4.42
Average Sentence Length:
69.37
Token Entropy:
5.11
Readability (ARI):
37.51

AnalysisAI

General Summary of the Bill

The "Healthcare Cybersecurity Act of 2024" is a legislative proposal aimed at strengthening the cybersecurity defenses of the Healthcare and Public Health Sector in the United States. Recognizing the sector as increasingly vulnerable to cyberattacks that could result in data breaches, increased healthcare costs, and adverse patient outcomes, the bill proposes a coordinated effort between the Cybersecurity and Infrastructure Security Agency (CISA) and the Department of Health and Human Services to address these threats. It outlines roles for specific coordinators, mandates training for healthcare entities, updates plans for risk management, and requires reports and assessments to ensure that high-risk assets are prioritized for extra protection.

Summary of Significant Issues

A critical concern with the bill is the vague definition of the term "covered asset." The ambiguity about what constitutes these assets can create confusion, impacting the implementation of the bill. This issue is compounded by the bill's reliance on external documents and directives to define other crucial terms, which may change over time, potentially leading to operational challenges.

Another key issue is the lack of explicitly allocated funding to implement the bill’s various initiatives. While the bill outlines several actions and reports required for enhancing cybersecurity, it does not specify budgetary provisions for these tasks, raising concerns about unchecked spending or insufficient financial resources. Furthermore, the lack of compliance measures for report deadlines may lead to accountability issues.

Impact on the Public

The bill aims to bolster cybersecurity within the healthcare sector, an industry that directly affects the health and safety of every citizen. By attempting to secure patient data and healthcare facilities against cyber threats, the legislation could enhance public confidence in the healthcare system's ability to protect sensitive information and minimize disruptions in service delivery. However, the ambiguity around “covered assets” and the lack of dedicated funding might hinder the bill's effectiveness, potentially leaving parts of the system exposed to ongoing cyber risks.

Impact on Specific Stakeholders

Healthcare Providers: The bill would directly affect healthcare providers by requiring them to engage in cybersecurity training and potentially adjust to new cybersecurity protocols. While this could improve overall resilience against cyber incidents, the lack of clarity regarding which assets are included might lead to inconsistent application or preparedness across different facilities.

Government Agencies: Agencies like CISA and the Department of Health and Human Services would see increased responsibilities in coordinating and executing cybersecurity measures. However, without allocated budgets or compliance measures, they might face challenges in effectively fulfilling these roles.

Rural and Smaller Healthcare Entities: These entities might particularly benefit from the proposed evaluations of workforce shortages and cybersecurity risks, which could lead to targeted support. Nevertheless, the lack of a clear plan or funding could limit the intended assistance.

Congress: The bill mandates regular reporting to congressional committees, which could improve oversight and accountability regarding government efforts to secure the healthcare sector. However, without detailed guidelines on how reports are to be assessed or acted upon, the impact of these briefings may be limited.

In summary, while the "Healthcare Cybersecurity Act of 2024" sets out to address pressing cybersecurity concerns in healthcare, its effectiveness may be compromised by a lack of clarity in definitions, procedures, and assured funding.

Issues

  • The term 'covered asset' is used throughout the bill but is not clearly defined, leading to potential ambiguity about which assets are included, which could impact enforcement and clarity for stakeholders. This issue is mentioned in multiple sections, including Sections 2, 3, 5, 6, and 7.

  • The lack of a specifically allocated budget or funding source across multiple sections, such as in Sections 4, 6, and 8, can lead to concerns about unchecked spending or insufficient financial resources to effectively implement the bill's provisions.

  • Relying on external documents to define key terms, such as 'Cybersecurity State Coordinator,' 'Healthcare and Public Health Sector,' and others in the Definitions section (Section 2), could reduce clarity and lead to confusion if those documents are amended or repealed.

  • The absence of clear metrics or methods to evaluate the effectiveness of coordination between the Agency and the Department in Section 4 could lead to accountability issues, potentially resulting in ineffective cybersecurity measures.

  • The lack of specific objectives or expected outcomes for the training provided to healthcare owners and operators in Section 5 could make it difficult to assess the effectiveness of the training or justify its cost, raising concerns about efficacy and resource allocation.

  • The report submission timelines in Sections 4 and 8 are established, but without compliance measures or consequences for delays, there might be a lack of accountability or timely oversight.

  • There is no mention of oversight or review of the high-risk covered asset list in Section 7, leading to potential bias or favoritism in determination without adequate accountability mechanisms.

  • The bill prohibits the allocation of additional funds to carry out the Act as mentioned in Section 9, potentially hindering any necessary initiatives that require funding for effective implementation.

  • The language in several sections, including Sections 4 and 7, is complex and may complicate comprehension for individuals unfamiliar with legislative or cybersecurity terminology, potentially reducing transparency and understanding.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that this Act can be officially referred to as the “Healthcare Cybersecurity Act of 2024”.

2. Definitions Read Opens in new tab

Summary AI

This section defines several terms related to cybersecurity and healthcare in the context of US law. It clarifies what is meant by the "Agency," "covered asset," "Cybersecurity State Coordinator," "Department," "Director," "Healthcare and Public Health Sector," "Information Sharing and Analysis Organizations," "Plan," and "Secretary" for the purposes of the Act.

3. Findings Read Opens in new tab

Summary AI

Congress has found that healthcare facilities are facing a growing number of serious cyberattacks, which not only lead to data breaches but also raise healthcare costs and can impact patient health outcomes. Reports indicate a significant increase in large cyber breaches from 2018 to 2022, with 626 breaches affecting over 42 million people in 2022 alone, according to data from the Department and the Office for Civil Rights.

4. Agency coordination with the Department Read Opens in new tab

Summary AI

The section outlines how the Agency should work with the Department to boost cybersecurity in healthcare, appoint a liaison with the right qualifications to coordinate efforts, and ensure resources and information are shared with related organizations to tackle cyber threats effectively. It also requires the liaison to report to Congress on these efforts within 18 months.

5. Training for healthcare experts Read Opens in new tab

Summary AI

The section outlines that the Cyber Security Advisors and State Coordinators, along with healthcare experts, will offer training to healthcare facility owners and operators. The training will focus on understanding cybersecurity risks and how to protect information systems in the healthcare sector.

6. Sector-specific plan Read Opens in new tab

Summary AI

The Secretary, working with the Director, must update the cybersecurity plan for healthcare by analyzing risks, evaluating challenges, and recommending solutions for securing information systems and devices, improving response to cyber threats, and addressing workforce shortages, particularly in rural areas. Additionally, within 120 days of the law's enactment, a briefing on the updated plan must be presented to specified congressional committees.

7. Identifying high-risk covered assets Read Opens in new tab

Summary AI

The section outlines that the Director must create criteria within 90 days to identify high-risk assets, while the Secretary develops a list of such assets. This list is updated every six months, and Congress is notified each time; it helps the Department prioritize resources to strengthen cybersecurity for these high-risk assets.

8. Report on Assistance Provided to Entities of Healthcare and Public Health Sector Read Opens in new tab

Summary AI

The Agency must send Congress a report within 120 days of this Act's enactment, detailing the support and activities provided to help the healthcare and public health sector prepare for and respond to cyber threats and attacks.

1. Short title Read Opens in new tab

Summary AI

The section provides the short title of the Act, which can be referred to as the “Healthcare Cybersecurity Act of 2024.”

2. Definitions Read Opens in new tab

Summary AI

In this section, important terms related to the bill are defined, including the meaning of "Agency," which stands for the Cybersecurity and Infrastructure Security Agency, and "Department," which refers to the Department of Health and Human Services. Other terms like "covered asset," "Cybersecurity State Coordinator," and "Plan" are also explained to provide clarity on their specific roles and definitions within the context of the bill.

3. Findings Read Opens in new tab

Summary AI

Congress reports rising incidents of cyberattacks on healthcare systems, highlighting a significant 93% increase in large cyber breaches from 2018 to 2022. These breaches compromise patient data and lead to higher healthcare costs, with 626 significant events reported in 2022 alone, affecting nearly 42 million individuals.

4. Agency coordination with the Department Read Opens in new tab

Summary AI

The section outlines that the Agency must work with the Department to enhance cybersecurity in the Healthcare and Public Health Sector. It establishes a liaison role to facilitate cybersecurity coordination, outlines responsibilities such as sharing threat information and handling incidents, and requires a report on these activities. It also emphasizes making resources available for cybersecurity purposes and sharing relevant information with various organizations.

5. Training for healthcare owners and operators Read Opens in new tab

Summary AI

The agency is responsible for providing training to the owners and operators of healthcare facilities on the cybersecurity risks they face and how to protect their information systems.

6. Sector-specific risk management plan Read Opens in new tab

Summary AI

The bill requires the Secretary, alongside the Director, to update a cybersecurity risk management plan for healthcare-related assets within one year. This update involves analyzing cybersecurity threats, challenges faced by asset operators, best practices, workforce shortages, and ways to communicate cybersecurity measures to asset operators; a congressional briefing about this update is mandated within 120 days.

7. Identifying high-risk covered assets Read Opens in new tab

Summary AI

The Secretary, with the Director and health sector experts, can set criteria to identify high-risk assets, in line with existing critical infrastructure methods. A list of such assets can be made, updated every six months, and shared with asset owners, operators, and Congress. This list aims to help prioritize resources to enhance cyber security.

8. Reports Read Opens in new tab

Summary AI

The section requires two reports to be submitted to Congress: first, a report by the Agency within 120 days after the law is enacted about the support it has given to the healthcare sector to handle cyber threats; second, a report by the Comptroller General within 18 months on the federal resources available for healthcare critical infrastructure protection.

9. Rules of construction Read Opens in new tab

Summary AI

The section clarifies that the Act does not allow any actions by the Secretary or Director that are not already permitted by current laws. It also ensures that the Act cannot be used to infringe on constitutional rights, such as free speech, or to conduct unauthorized surveillance, and specifies that no extra funding is provided to implement the Act.