Peter H. Tanella
Esq.
Legal Lingo columnist Peter H. Tanella chairs Mandelbaum Barrett’s National Veterinary Law Group. He has advised hundreds of veterinarians on practice acquisitions, sales, mergers, partnerships, joint ventures and associate buy-ins, the structuring of management service organizations, and the development of practice succession strategies. He may be emailed at ptanella@mblawfirm.com
Read Articles Written by Peter H. TanellaSteven W. Teppler
Esq.
Steven W. Teppler is Mandelbaum Barrett’s chief cybersecurity legal officer. He chairs the firm’s privacy and cybersecurity practice group and is an ISACA-certified data privacy solutions engineer.
Read Articles Written by Steven W. Teppler
Veterinary practices, like many small health care providers, have become increasingly reliant on digital systems to manage appointments, maintain patient records and handle billing. With this digitization comes greater exposure to cyber threats. A common misconception is that hackers target only large businesses. In reality, a small or mid-sized clinic is attractive to cybercriminals because it often lacks advanced digital defenses.
Understanding the evolving landscape, including the growing web of legal and regulatory obligations, is essential to protect your practice, clients and professional reputation.
The Legal Framework
Though not typically subject to HIPAA, veterinary practices are still bound by laws governing data privacy and cybersecurity. Breach-notification laws apply in all 50 states and require a business to notify clients in the event of unauthorized access to their personal data. The Federal Trade Commission also enforces data protection under the FTC Act, treating inadequate cybersecurity as an “unfair practice.”
Moreover, PCI DSS compliance is required if your clinic accepts credit card payments. It involves standards for the secure processing and storage of payment data. At practices that engage in digital advertising or have a larger online presence, broader state consumer privacy laws, such as the CCPA, may apply.
What Kind of Data Is Protected?
Veterinary clinics routinely handle private or personally identifiable information. This data includes names, email addresses, phone numbers, home addresses and payment card details. If your practice uses client portals or online scheduling, you likely collect login credentials.
Under many state laws, the exposure of such information might trigger reporting obligations and potential liability if reasonable safeguards were not in place.
Clear and Present Danger
Veterinary clinics are increasingly targeted by cybercriminals using tactics such as:
- Ransomware: Malicious software locks access to computer systems until the clinic pays a ransom. Practices may lose access to appointment records, prescription history or financial data.
- Phishing: Emails crafted to appear legitimate trick staff into revealing passwords or clicking on harmful links.
- Vendor compromises: Third-party platforms used for billing or recordkeeping can be breached, exposing client data.
- Business email compromises: Hackers gain access to email accounts to redirect wire transfers or impersonate employees.
Even one breach can cause lost income, reputational damage and days of downtime.
It’s Your Duty
Practices have ethical and legal responsibilities to safeguard data. They should implement:
- Administrative safeguards: Designate a security coordinator, conduct employee background checks and maintain an incident-response plan.
- Technical safeguards: Use strong passwords, multifactor authentication, firewalls, encrypted backups and job-based access.
- Physical safeguards: Lock up paper records, limit access to server rooms, and securely dispose of outdated devices or documents.
Where Do You Stand?
A risk assessment evaluates where sensitive data resides, who can access it and its vulnerability to threats. Risk assessments should identify gaps in defenses and inform decisions about training, software upgrades and vendor contracts. At a minimum, the appraisal should:
- Identify data flows (where and how it’s stored and transmitted).
- Look for outdated software and a lack of multifactor authentication.
- Evaluate human risks, like a lack of training and weak passwords.
The assessment should be repeated annually, as well as after significant operational changes or incidents.
Preparedness
Once you complete a risk assessment, tabletop exercises can test how well your team might respond to real-world incidents. Employees walk through a simulated breach, such as a ransomware attack or phishing incident, and discuss how they would react. The drills help:
- Identify communication breakdowns.
- Confirm insurance compliance and legal responses.
- Refine the incident-response protocol.
Insurance and Vendor Contracts
Cyberattack insurance can help cover the cost of an intrusion, including IT forensics, client credit monitoring, legal representation and business interruption losses. However, the coverage is contingent upon meeting specific benchmarks. Separately, third-party vendors that process clinic data should be contractually obligated to maintain robust cybersecurity and notify your practice immediately of any breaches. Ensure that the contracts include security obligations, indemnification clauses and timelines for data breach notifications.
Understanding Your Tech Stack
A tech stack is hardware and software that work together to ensure patient data security and operational compliance. It serves as the backbone of your clinic’s cybersecurity.
While deferring to state regulatory bodies and your cybersecurity provider’s requirements is critical, the following checklist provides a good first step toward protecting your practice:
- Firewall: Think of it as your clinic’s digital front door. A properly sized and patched firewall, with separate network lanes for staff Wi-Fi, guest Wi-Fi, security cameras and VoIP, stops threats before they get in. Veterinary hospitals can avoid a breach by segmenting guest Wi-Fi.
- Endpoint detection and response: EDR tools closely monitor your devices. If something suspicious happens, EDR managed by a 24/7 security operations center can isolate the device instantly.
- Multifactor authentication: MFA adds a second layer of security to your data. A hacker who steals your password can’t get in without your MFA code. App-based MFA is more secure than text messages, so opt for it when possible.
- Proactive patching: Don’t let old software become an open door to your clinic’s computer systems. Zero-day threats — flaws with no fix yet — are dangerous. Your IT team should prioritize patching known vulnerabilities quickly and methodically.
GLOSSARY
- HIPAA: Health Insurance Portability and Accountability Act
- PCI DSS: Payment Card Industry Data Security Standard
- CCPA: California Consumer Privacy Act
- VoIP: Voice over Internet Protocol
EDITOR’S NOTE
William Lindus, the director of operations for I.T. Guru, contributed to this report.
