Routine Network Vulnerability Scanning Is a Legal and Regulatory Requirement in Medical and Dental Practices

The Health Insurance Portability and Accountability Act (HIPAA) is the primary regulation governing data protection for medical and dental providers. It does not explicitly use the term “vulnerability scan,” but it mandates continuous risk management, which directly includes vulnerability assessments. 

📜 Relevant HIPAA Requirements: 

1. HIPAA Security Rule – §164.308(a)(1)(ii)(A): Risk Analysis 

Covered entities must "conduct an accurate and thorough assessment of the potential risks and vulnerabilities." 

2. HIPAA Security Rule – §164.308(a)(1)(ii)(B): Risk Management 

Organizations must "implement security measures sufficient to reduce risks and vulnerabilities to a reasonable and appropriate level."

3. HIPAA Technical Safeguards – §164.312(c)(1): Integrity Controls 

Protect ePHI from improper alteration or destruction, which requires identifying and mitigating security weaknesses. 

📚 Reference: HHS.gov - HIPAA Security Rule 

Implication: Routine vulnerability scanning is necessary to identify and address security risks, making it a fundamental part of HIPAA compliance. 

💳 PCI DSS: For Practices That Process Credit Cards 

If your medical or dental practice processes, stores, or transmits credit card information, you are subject to the Payment Card Industry Data Security Standard (PCI DSS). 

🧾 PCI DSS v4.0 Requirements: 

Requirement 11.3.1: 

“External vulnerability scans are performed quarterly, and after any significant change.” Requirement 11.3.2: 

📚 Reference: PCI DSS v4.0 – Official Documentation 

Implication: If your practice takes credit card payments—even through terminals or online portals—you must conduct internal and external scans every 90 days to stay compliant. 

💡 HITECH Act Reinforcement 

The Health Information Technology for Economic and Clinical Health (HITECH) Act expands on HIPAA by encouraging the adoption of health IT and increasing the penalties for noncompliance. 

HITECH emphasizes proactive security posture and audit readiness, supporting the need for: 

• Documented risk assessments 
• Evidence of threat detection (including vulnerability scans) 
• Remediation of discovered weaknesses 
  

📚 Reference: HHS HITECH Summary 

🏛 FTC Safeguards Rule (For Some Practices) 

Medical or dental practices that offer financing or installment payments may be considered financial institutions under the FTC Safeguards Rule (updated June 2023). This rule, based on the Gramm-Leach-Bliley Act, now requires: 

• Regular testing of security systems
• Periodic vulnerability assessments 
• Monitoring and logging of user activity

📚 Reference: FTC Safeguards Rule Guidance 

⚖ Legal Precedents and Risk of Non-Compliance 

The cost of ignoring these obligations is severe. Breaches resulting from unpatched systems or unmonitored vulnerabilities have led to: 

• $6.85M OCR fine to Premera Blue Cross (HIPAA violations, 2020) 
• $1.5M fine to Cardionet for insufficient risk assessments (2017) 
• FTC investigations and class-action lawsuits from data breach victims
  

🧭 How Often Should Vulnerability Scans Be Performed?