New York Governor Proposes Cybersecurity Regulations for NY Hospitals

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On November 13, 2023, Governor Kathy Hochul released proposed cybersecurity regulations applicable to all hospitals located within the state of New York. The Governor has included $500 million in grant funding in her FY24 budget to assist health care facilities with upgrading their systems to comply with the new requirements.

According to the Governor’s press release, the proposed regulations aim to strengthen the protections on hospital networks and systems that are critical to providing patient care, as a complement to the Health Insurance Portability and Accountability Act (HIPAA) Security Rule that focuses on protecting patient data and health records. Under the proposed provisions, hospitals will be required to establish a cybersecurity program and take proven steps to assess internal and external cybersecurity risks, use defensive techniques and infrastructure, implement measures to protect their information systems from unauthorized access or other malicious acts, and take actions to prevent cybersecurity events before they happen.

If the proposed regulations are accepted by the Public Health and Health Planning Council, they will be published in the State Register and undergo a 60-day public comment period through February 5, 2024. Once the regulations are final, hospitals will have one year to get in compliance.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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