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Continued from page 17 the direct and indirect costs of a cyberattack, prevention strategy that prevents,
especially if health care operations detects, and responds to data breaches
as not all losses will be covered and there depend upon the uninterrupted access is of paramount importance in today’s
is always some retained risk. However, to electronic data for income generation. digital world.
many insurers offer free or fee-based It is also advisable for practices
risk management consulting services to to carefully review third-party service
help customers mitigate cyberattacks, contracts with legal counsel to determine
including conducting risk assessments exactly what damages they may be liable
of IT infrastructure, security risks, and for in the event of a cyber incident—
vulnerabilities, as well as offering particularly with regard to liability 1. “Angle of repose” is defined by Merriam-Webster
resources and employee training. assumed under contract—as it relates to Dictionary as: “The angle that the plane of contact
Physicians should review and update the use, disclosure, or safeguarding between two bodies makes with the horizontal when
their cybersecurity protocols with a of ePHI. the upper body is just on the point of sliding [off].”
2.
Non-physical business interruption: unauthorized
critical eye toward policies, procedures, Of course, the best insurance is access to a computer system, which merely results in
and contingency plans that will ensure to regularly back up data and store it the loss or corruption of electronic data or blocks
the restoration of lost or damaged data securely and offline; encrypt data at rest access to a network, is considered an intangible
and mitigate potential downtime. and in-transit and restrict access to it; property loss (data is not tangible property).
Evolving cyber threats and third-party train staff members on up-to-date 3. Ragan S. Customers describe the impact of the
liability exposures require robust cybersecurity protocols and to use Allscripts ransomware attack. CSO. April 17, 2018.
contingency/incident response plans. strong passwords; use a virtual private Available at https://www.csoonline.com/arti-
cle/3262168/ransomware/customers-describe-the-
Procuring appropriate cyber liability network (VPN) for secure remote impact-of-the-allscripts-ransomware-attack.html.
coverage should be a component of connections; and implement proper 4. Sanger M. Protecting your firm from vendor risks.
contingency planning to risk transfer vendor management. A data loss ALM Law Journal. August 2017.

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TCMS 2023 March • April 25