REDUCING MERGER & ACQUISITION SECURITY RISKS IN HEALTHCARE

By: Mervyn Chapman, Principal Consultant 

Mergers and acquisitions in the healthcare industry provide numerous advantages, but they also pose inherent security risks. To protect sensitive patient data and ensure a seamless transition, it is vital to understand these risks and implement effective methods of avoiding them. In this article, we will discuss the primary security risks and mitigation strategies associated with M&A in the healthcare industry and provide a downloadable checklist to track progress along the way. 

Data Breaches 

Sensitive patient information may be exposed during the consolidation or acquiring process, increasing the risk of data breaches. These breaches can result in the misuse or theft of personal and financial information, causing significant harm to individuals and reputational injury to the organizations involved. Organizations should employ robust data protection measures to mitigate this risk, such as:  

• Implementing encryption protocols for sensitive data at rest and in transit  
• Strengthening access controls and authentication mechanisms to ensure that only authorized personnel have access to patient data  
• Regularly conducting audits and monitoring to detect and respond promptly to any unauthorized activities 

IT System Disruptions 

The integration of IT systems from diverse organizations can result in disruptions or outages that have an effect on the delivery of care. Critical healthcare operations can be affected by IT system outages, which may delay the ability to provide care and leave both staff and patients feeling frustrated. For this risk to be mitigated, meticulous planning and testing are essential:  

• Conduct exhaustive assessments of the involved IT systems  
• Identify potential failure or incompatibility points 
• Devise a well-considered integration strategy 

This plan should also include fallback systems and alternative workflows to ensure uninterrupted service in the event of potential disruptions. 

Compliance Violations 

To safeguard patient information, healthcare organizations must adhere to stringent regulations, such as HIPAA. However, mergers and acquisitions can present compliance challenges if the merged entity lacks adequate security measures, which could result in regulatory violations and legal repercussions. To mitigate this risk, businesses should conduct a comprehensive assessment to ensure compliance with applicable healthcare regulations, identify gaps in compliance, and create a plan to address them. This may involve:  

• Updating policies and procedures  
• Implementing necessary safeguards 
• Providing thorough staff training to ensure compliance with regulatory requirements 

Insider Dangers 

The integration of personnel from various organizations can create opportunities for insiders to pilfer or misappropriate sensitive information. These types of threats can be difficult to detect and prevent because insiders frequently have authorized access to sensitive data. To mitigate this risk, organizations should:  

• Implement stringent access controls and conduct exhaustive background checks on personnel participating in the merger or acquisition 
• Conduct continuous monitoring and auditing of user activities to detect any suspicious or unusual behavior 
• Establish a culture of security and emphasize the significance of ethical behavior and patient privacy throughout the organization 

Methods for Risk Mitigation 

Before finalizing the merger or acquisition, it is essential to conduct comprehensive security assessments for both organizations. Evaluate existing security policies, procedures, and technical controls to determine vulnerabilities and control gaps. Create a comprehensive plan to resolve these vulnerabilities and ensure a solid security foundation. This may involve updating security policies, implementing additional security controls, conducting vulnerability assessments and penetration testing to identify and remedy any vulnerabilities, and so on. 

Create a Comprehensive Incident Response Plan 

Develop a comprehensive incident response plan that outlines the actions to be taken in the event of a security breach or other incidents. Define the roles, protocols for communication, containment strategies, and recovery plans. Regularly test and revise the plan in order to accommodate evolving hazards. This includes conducting tabletop exercises or simulated incidents to test the effectiveness of the response plan and identify areas for improvement. Organizations can minimize the impact of security incidents and ensure a swift and effective response by having a well-prepared and practiced incident response plan. 

Ensure Effective Vendor Risk Management 

During mergers and acquisitions, organizations may inherit relationships with a variety of vendors and third-party service providers. To mitigate potential hazards, it is crucial to assess the security posture of these entities. Conduct due diligence on vendors to ensure they have implemented the appropriate security measures and adhere to industry standards. Review vendor contracts and agreements for data protection and security requirements. Establish a robust program for managing vendor risk that includes regular assessments, monitoring, and ongoing communication to resolve any vulnerabilities or concerns. 

Develop a Security-Awareness Culture 

Employees play a crucial role in mitigating security risks. During the merger or acquisition process, educate and train employees from both organizations on security best practices and the importance of data protection. Raise awareness of potential threats, social engineering attacks, and the appropriate management of sensitive data. Encourage workers to promptly report security incidents, suspicious activities, and policy violations. Through training sessions, newsletters, and awareness campaigns, continually reinforce the message that security is everyone’s responsibility. 

Implement Robust Authentication & Access Controls 

Ensure that only authorized individuals can access sensitive data and systems by enhancing access controls and authentication mechanisms. Implement multi-factor authentication (MFA) to improve security by requiring multiple factors, such as passwords and biometric verification, to gain access to vital resources. Limit user privileges and employ the principle of least privilege (PoLP) to restrict access to only what is required for individuals to carry out their responsibilities. Review and update user access permissions frequently to reflect changes in roles and responsibilities. 

Engage Legal & Compliance Experts 

During the process of a merger or acquisition, legal and compliance experts who specialize in healthcare regulations should be engaged to ensure compliance with legal requirements. These professionals can assist with navigating complex regulatory frameworks and negotiating contracts to resolve security and privacy concerns. Their knowledge will aid organizations in maintaining compliance and avoiding legal hazards. 

Establish Robust Communication & Collaboration Channels 

During mergers and acquisitions, communication must be open and transparent, especially regarding security-related matters. Establish explicit communication channels between key stakeholders, including IT teams, security personnel, legal, and executive leadership. Promote collaboration and information sharing to rapidly identify and mitigate security hazards. To ensure a cohesive and security-aware organization, communicate security updates, policy changes, and progress in mitigating risks on a regular basis to all employees. 

Conduct Continuous Monitoring & Auditing 

Implement mechanisms for continuous monitoring and auditing to detect anomalies, unauthorized actions, and potential security violations. Utilize security information and event management (SIEM) solutions to compile and analyze system and application security logs. Implement intrusion detection and prevention systems (IDPS) to detect anomalous network traffic. Conduct regular audits and vulnerability assessments to identify security flaws and implement corrective measures. By maintaining a proactive approach to surveillance and auditing, organizations can quickly detect and respond to security incidents. 

Final Thoughts 

Mergers and acquisitions in the healthcare industry necessitate a comprehensive and multi-layered approach to mitigate security risks. Organizations can minimize security risks and protect sensitive patient data throughout the process by following the steps laid out above. However, it is vital to keep in mind that a security strategy is never one-size-fits-all. Thus, it is essential to tailor these strategies to the unique circumstances of each merger or acquisition and to seek out expert counsel as needed.