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Drex dives into the recent Supreme Court decision to overturn the Chevron Doctrine and its profound implications on healthcare cybersecurity regulations. Explore how this ruling could slow down regulatory processes when speed is crucial. Drex also discusses a major data breach involving Geisinger Health System and Nuance Communications, and wraps up with a look into the emerging digital afterlife industry, where generative AI brings back digital versions of the deceased.

Remember, Stay a little paranoid.

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Transcript

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  Hey everyone, I'm Drex, and this is the 2 Minute Drill, where we do three stories, twice a week, all part of one great community, the 229 Cyber and Risk Community here at This Week Health. Today's drill is brought to you by Fortified Health Security. No matter where you are in your cybersecurity journey, Fortified can help you improve your security posture through their 24 7 threat defense services.

or advisory solutions delivered through Central Command, a first of its kind platform that simplifies cybersecurity management and provides the visibility you need to mature your program. Learn more at FortifiedHealthSecurity. com. Thanks for joining me today. Here's some stuff you might want to know about.

On Friday, I talked about healthcare cyber regulations that are on the horizon. But as I thought about those regulations, and I did some more reading over the weekend, I think there's another problem that's reared its ugly head, and I think it's going to have a long term effect on everything associated with federal regulations, particularly healthcare cyber regulations.

First, though, a little background, and this is a thing they don't teach you in high school. It's something I didn't really learn until grad school. You know, actually there's probably a pretty fair chance that somebody tried to teach this to me and I probably just didn't pay attention until grad school.

So here goes. Think of laws that are passed by Congress and signed by the president as strategy. Pretty good direction from elected government leaders on where a new program should go and what it should do, but sometimes lacking a lot of detail. And that makes sense since the House and Senate members probably lack deep experience in most areas, they focus on strategy, and they leave the tactics to others in the government.

The others have usually been the departments themselves through the regulatory process. Government departments like Commerce or agriculture or health and human services. They take that strategic plan, the law that's been passed, and they write regulations that bring the law to life. They create the tactics that allow the law to actually take effect and go to work.

But in late June, the Supreme court overturned a 40 year legal precedent, something called the Chevron doctrine. And that doctrine gave legal preference to executive departments like health and human services to interpret the laws. They were tasked with enforcing, often by writing regulations. And this is where it gets complicated.

Sometimes, because the laws don't explicitly fit the need of the moment, like the need for better healthcare cybersecurity, for example, the government departments and the regulations or rules that already exist in that department are creatively applied and sometimes rewritten to meet those new necessary goals like improved healthcare cybersecurity for just one example.

Well now with the Chevron doctrine being overturned it's not hard to imagine how difficult this may become for government to quickly make adjustments to cover a world that's changing fast. So if you think the government moves slow now I'm kind of predicting you should just wait. Especially if Congress is going to be put in a position to create laws that not only have strategic intent, but deep tactical direction.

Are they really equipped to do that? The people in the House and the Senate, I mean? Have you watched hearings on C SPAN where they talk about technology or cyber security challenges? The bottom line is probably still this. Regulations are still coming, I'm betting they'll still be issued, but expect that the moment they're issued, there'll be some challenge in court, and that will likely slow everything down, probably making most everyone in government more hesitant to do anything that isn't specifically written into law.

The Supreme Court's gutting of the Chevron doctrine probably has the effect. where healthcare cybersecurity is concerned, of slowing the government down right when we need it to speed up. So you've known this for a long time, I think. Maybe the only person who's going to rescue you from this cyber crisis.

is you. Unfortunately, the one thing we do know, the bad guys will look at this as opportunity because for them, this is not a problem. I'd like to get your opinion too. Feel free to leave a comment below or drop me a note directly if you don't want to be so public about it. I'm Drex at ThisWeekHealth.

com and there are more stories on the Supreme Court's ruling on the Chevron Doctrine at ThisWeekHealth. com slash news. A former Nuance Communications employee has been arrested as part of a breach of 1. 2 million records at Geisinger Health System. The breach is being completely attributed to that single former employee who allegedly accessed the patient records after being fired in late 2023.

And because of the investigation, law enforcement asked Nuance to delay notifying patients until now. The exposed data included personal information like names, dates of birth and addresses and a lot more. But Nuance is claiming that no claims, insurance, social security numbers, or other financial information was accessed by the former employee.

And now in the even weirder than what I've already talked about category, imagine a future where your phone rings and there's a digital immortal twin of somebody who's passed on. Waiting to chat. Well, that's not too far off. The digital afterlife industry is taking shape. Companies are working on chatbots and virtual avatars, all made possible through the power of generative AI.

My first thought on this was, you know, wow, that's, that's kind of cool. And my next thought was, oh, that's probably going to be a problem. Thanks again to our two minute drill sponsor, healthcare's cyber partner, Fortified Health Security. With a 98 percent client retention rate and three consecutive best in class awards, Fortified's exclusive focus on healthcare cybersecurity makes them the go to partner for healthcare organizations wanting to strengthen their cybersecurity posture.

Find out more at fortifiedhealthsecurity. com. at fortifiedhealthsecurity. com. And that's it for today's two minute drill. Thanks for being here. Stay a little paranoid. I'll see you around campus.

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