Cybersecurity Protection Act Provides Defense For Hospitals

Healthcare remains one of the most targeted industries by cyberattacks and data breaches. Last year, the number of data breach victims hit an all-time high, and over seven hundred hospitals reported large data breaches that impacted more than 500 patients to the Department of Health and Human Services. Along with increased cyberattacks against hospitals and clinics, there has also been an increase in the number of data breach class action lawsuits filed against companies following a breach. Cyber incidents and lawsuits can cost companies millions of dollars and, in some instances, can impact patient care or even lead to hospitals closing.

In response to these trends, last year, the Oklahoma legislature provided some powerful protection for hospitals. The Oklahoma Hospital Cybersecurity Protection Act of 2023 provides hospitals with an affirmative defense if they meet certain cybersecurity requirements. This defense applies to tort claims alleging that a hospital's