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Spice Heads,

Medical client has vmware host 6.5 version hardware compatibility wont allow to upgrade to 7.0.

Until they get the money to get new server are they in violation of hipaa?

6 Spice ups
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I would check whether there are any major vulnerabilities on your current version and whether they are addressed in the newer version. Most likely, if you are using a supported version, you should still be fine. As seen below, your duty is to protect against any reasonably anticipated threats. If you are negligent and ignore upgrading your infrastructure on purpose fully knowing the risk, then this is where you will start to run into problems with compliancy. Seeing as ESXi 6.5 was dropped support on 15 Oct 2022 (cited from VMware ESXi | endoflife.date ), you should work quickly to bridge that gap by upgrading, and let all necessary stakeholders know what risks are associated with not upgrading.

Taken directly from VMWare website:

"The HIPAA Security Rule specifically focuses on the protection of e-PHI through the implementation of administrative, physical, and technical safeguards. Compliance is required of all organizations defined by HIPAA as a covered entity, business associate, or subcontractor. Organizations such as these are required to perform the following activities:

Ensure the confidentiality, integrity, and availability of all e-PHI that it creates, receives, maintains, or transmits. Protect against any reasonably anticipated threats or hazards to the security or integrity of such information. Protect against reasonably anticipated uses or disclosures of such information that are not permitted by the HIPAA Privacy Rule. Ensure compliance by its workforce.

The requirements of the HIPAA Security Rule are organized according to safeguards, standards, and implementation specifications. The major sections include:

Administrative Safeguards. Physical Safeguards. Technical Safeguards."

Cited from How to Achieve HIPAA Compliance | VMware

2 Spice ups
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Short answer - Absolutely Yes.

As noted by Dillionjs, Not using updated software or software with vulnerabilities, they are not " Protect[ing] against any reasonably anticipated threats…"

@dillonjs

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Thank you both for responding.

If there EHR is in the cloud but there IMage scanning is saved locally on there VMware 6.5 server host datastores then they are still out of Hipaa compliance correct?

@brianmonte @dillonjs

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Hello, WarKraft, I’m not a legal expert, but I can provide some general guidance. Compliance with Health Insurance Portability and Accountability Act regulations encompasses various aspects beyond the specific version of VMware being used. It’s crucial to consider the overall security and privacy measures implemented to protect electronic protected health information.

While using an older version of VMware may not automatically constitute a violation of HIPAA, it is important to ensure that the virtualized environment meets HIPAA requirements for security, access controls, data encryption, backup and recovery, and overall risk management. It is advisable to consult with a legal professional or compliance expert to evaluate your specific situation and determine the necessary steps to maintain HIPAA compliance.

Here are some key considerations for maintaining HIPAA compliance in a virtualized environment.

Conduct regular risk assessments to identify vulnerabilities and implement measures to mitigate them. This includes assessing the virtualized infrastructure and associated security controls.

Implement robust access controls to protect ePHI. This involves utilizing unique user accounts, strong passwords, multi-factor authentication, and limiting access to authorized personnel only.

Encrypt ePHI at rest and in transit to safeguard it from unauthorized access or disclosure. Ensure that encryption is consistently applied throughout the virtualized environment.

Establish regular backups of critical data, including ePHI, and test the restoration process. Maintain a comprehensive disaster recovery plan to minimize downtime and potential data loss.

Implement logging and monitoring mechanisms to track access and monitor activities within the virtualized environment. Regularly review logs and perform security audits to detect and respond to potential threats or breaches.

Provide adequate training to staff members regarding HIPAA regulations, security best practices, and their roles and responsibilities in protecting ePHI.

Remember, it’s crucial to consult legal professionals or compliance experts to obtain accurate and up-to-date advice on maintaining HIPAA compliance. They can provide guidance tailored to your specific environment, regulatory requirements, and organizational circumstances.

Lastly, let’s not forget the importance of VMware backups . Regularly backing up your virtual machines is crucial for data protection and disaster recovery. It ensures that in the event of data loss, hardware failures, or system corruption, you have a reliable copy of your VMs that can be restored. VMware backups provide an additional layer of security and allow for business continuity. Implementing a robust backup solution, regularly testing your backups, and storing them securely are vital steps in protecting your data and maintaining the integrity of your virtual environment.

@NAKIVO_Inc