1. Introduction

Sessions, Inc. (“Sessions”) is committed to ensuring the confidentiality, privacy, integrity, and availability of all electronic protected health information (ePHI) it receives, maintains, processes and/or transmits on behalf of its Customers. Sessions strives to maintain compliance, proactively address information security, mitigate risk for its Customers, and assure known breaches are completely and effectively communicated in a timely manner. The following documents address core policies used by Sessions to maintain compliance and assure the proper protections of infrastructure used to store, process, and transmit ePHI for Sessions Customers.

Sessions services include the provision of a secure and compliant cloud-based digital health platform.

1.1 Software as a Service (SaaS)

SaaS Customers utilize Sessions’ hosted web-based platform and applications (colletively, the “Sessions Platform”). Sessions makes every effort to reduce the risk of unauthorized disclosure, access, and/or breach of Customer data through network (firewalls, dedicated IP spaces, etc) and server settings (encryption at rest and in transit, OSSEC throughout the Platform, etc). Applications are compliant API-driven services that are offered as part of the Sessions Platform. There may be third party add-on services available as part of the Sessions Platform. These 3rd party, or Partner, Services will be fully reviewed by Sessions to assure they do not have a negative impact on Sessions’ information security and compliance posture.

1.2 Compliance Inheritance

Sessions provides compliant hosted software infrastructure for its Customers.

Sessions executes business associate agreements (BAAs) with its Customers. These BAAs outline Sessions obligations and Customer obligations, as well as liability in the case of a breach. In providing a SaaS to its Customers, parts of which are requirements that exist within HIPAA and HITRUST, Sessions manages various aspects of compliance for Customers. The aspects of compliance that Sessions manages for Customers are inherited by Customers, and Sessions assumes the risk associated with those aspects of compliance. In doing so, Sessions helps Customers achieve and maintain compliance, as well as mitigates Customers risk.

Mappings of HIPAA Rules to Sessions controls and a mapping of what Rules are inherited by Customers are covered in §2.

1.3 Sessions Organizational Concepts

The physical infrastructure environment is hosted at Amazon Web Services (AWS). The network components and supporting network infrastructure are contained within the AWS infrastructures and managed by AWS. Sessions does not have physical access into the network components. The Sessions environment consists of Healthcare Blocks (HCB); nginx web servers; Ruby on Rails application servers, and PostgreSQL database servers; Linux Ubuntu monitoring servers; OSSEC IDS services; Docker containers; and developer tool servers running on Linux Ubuntu.

Within the Sessions Platform on AWS and HCB, all data transmission is encrypted and all hard drives and document storage containers are encrypted so data at rest is also encrypted; this applies to all servers - those hosting Docker containers, databases, APIs, log servers, etc. Sessions assumes all data may contain ePHI and provides appropriate protections based on that assumption.

All Virtual Machines are regularly scanned for integrity, malware, and security updates. All internal network access to Sessions infrastructure systems is monitored for intrusion in real time and permanently logged. All users with access to the Sessions internal network is whitelisted using SSH using the CIS benchmark recommendations. All network traffic is contained within an isolated, non-shared subnet.

The VPN server, nginx web server, and application servers are externally facing and accessible via the Internet. The database servers, where the ePHI resides, are located on the internal Sessions network and can only be accessed through a bastion host over a VPN connection. Access to the internal database and other internal servers is restricted to a limited number of personnel and strictly controlled to only those personnel with a business-justified reason.

1.4 Requesting Audit and Compliance Reports

Sessions, at its sole discretion, shares audit reports, including its HITRUST reports and Corrective Action Plans (CAPs), with Customers on a case by case basis. All audit reports are shared under explicit NDA in Sessions format between Sessions and party to receive materials. Audit reports can be requested by Sessions workforce members for Customers or directly by Sessions Customers.

The following process is used to request audit reports:

1. Email is sent to support@sessionshealth.com. In the email, please specify the type of report being requested and any required timelines for the report.
2. Sessions staff will log an Issue with the details of the request into the Sessions Compliance Review Activities project on Notion.
3. Sessions will confirm if a current NDA is in place with the party requesting the audit report. If there is no NDA in place, Sessions will send one for execution.
4. Once it has been confirmed that an NDA is executed, Sessions staff will move the Notion Issue to “Under Review”.
5. The Sessions Security Officer or Privacy Officer must Approve or Reject the Issue. If the Issue is rejected, Sessions will notify the requesting party that we cannot share the requested report.
6. If the Issue has been Approved, Sessions will send the customer the requested audit report and complete the Notion Issue for the request.

1.5 Version Control

Refer to the GitHub repository at https://github.com/sessions-inc/policies for the full version history of these policies.

2. HIPAA Inheritance

2.1 HIPAA Inheritance for Sessions Customers

3. Policy Management Policy

Sessions implements policies and procedures to maintain compliance and integrity of data. The Security Officer and Privacy Officer are responsible for maintaining policies and procedures and assuring all Sessions workforce members, business associates, customers, and partners are adherent to all applicable policies. Previous versions of policies are retained to assure ease of finding policies at specific historic dates in time.

3.1 Applicable Standards

3.1.1 Applicable Standards from the HITRUST Common Security Framework

• 12.c - Developing and Implementing Continuity Plans Including Information Security

3.1.2 Applicable Standards from the HIPAA Security Rule

• 164.316(a) - Policies and Procedures
• 164.316(b)(1)(i) - Documentation

3.2 Maintenance of Policies

1. All policies are stored and up to date to maintain Sessions compliance with HIPAA, HITRUST, NIST, and other relevant standards. Updates and version control are done similar to source code control.
2. Policy update requests can be made by any workforce member at any time. Furthermore, all policies are reviewed annually by both the Security and Privacy Officer to assure they are accurate and up-to-date.
3. Sessions employees may request changes to policies using the following process:
   1. The Sessions employee initiates a policy change request by creating an Issue in the Notion Compliance Review Activity (CRA) project. The change request may optionally include a GitHub pull request from a separate branch or repository containing the desired changes.
   2. The Security Officer or the Privacy Officer is assigned to review the policy change request.
   3. Once the review is completed, the Security Officer approves or rejects the Issue. If the Issue is rejected, it goes back for further review and documentation.
   4. If the review is approved, the Security Officer then marks the Issue as Done, adding any pertinent notes required.
   5. If the policy change requires technical modifications to production systems, those changes are carried out by authorized personnel using Sessions’s change management process (§9.4).
4. All policies are made accessible to all Sessions workforce members. The current master policies are published at https://compliance.sessionshealth.com.
   • Changes are automatically communicated to all Sessions team members through integrations between GitHub and Slack that log all Github policy channels to a dedicated Sessions Slack Channel.
   • The Security Officer also communicates policy changes to all employees via email. These emails include a high-level description of the policy change using terminology appropriate for the target audience.
5. All policies, and associated documentation, are retained for 6 years from the date of its creation or the date when it last was in effect, whichever is later. Version history of all Sessions policies is done via Github.
6. The policies and information security policies are reviewed and audited annually, or after significant changes occur to Sessions’s organizational environment. Issues that come up as part of this process are reviewed by Sessions management to assure all risks and potential gaps are mitigated and/or fully addressed. The process for reviewing polices is outlined below:
   1. The Security Officer initiates the policy review by creating an Issue in the Notion Compliance Review Activity (CRA) project.
   2. The Security Officer or the Privacy Officer is assigned to review the current Sessions policies (https://compliance.sessionshealth.com/).
   3. If changes are made, the above process is used. All changes are documented in the Issue.
   4. Once the review is completed, the Security Officer approves or rejects the Issue. If the Issue is rejected, it goes back for further review and documentation.
   5. If the review is approved, the Security Officer then marks the Issue as Done, adding any pertinent notes required.
   6. Policy review is monitored on a quarterly basis using Notion reporting to assess compliance with above policy.
7. Sessions tracks compliance with HIPAA and HITRUST CSF anually. In order to track and measure adherence on an annual basis, Sessions uses the following process to track audits, both full and interim:
   1. The Security Officer initiates the audit activity by creating an Issue in the Notion Compliance Review Activity (CRA) project.
   2. The Security Officer or the Privacy Officer is assigned to own and manage the activity.
   3. Once the activity is completed, the Security Officer approves or rejects the Issue.
   4. If the review is approved, the Security Officer then marks the Issue as Done, adding any pertinent notes required.
   5. Compliance with annual compliance assessments is monitored on a quarterly basis using Notion reporting to assess compliance with above policy.

Additional documentation related to maintenance of policies is outlined in §5.3.1.

4. Risk Management Policy

This policy establishes the scope, objectives, and procedures of Sessions’s information security risk management process. The risk management process is intended to support and protect the organization and its ability to fulfill its mission.

4.1 Applicable Standards

4.1.1 Applicable Standards from the HITRUST Common Security Framework

• 03.a - Risk Management Program Development
• 03.b - Performing Risk Assessments
• 03.c - Risk Mitigation

4.1.2 Applicable Standards from the HIPAA Security Rule

• 164.308(a)(1)(ii)(A) - HIPAA Security Rule Risk Analysis
• 164.308(a)(1)(ii)(B) - HIPAA Security Rule Risk Management
• 164.308(a)(8) - HIPAA Security Rule Evaluation

4.2 Risk Management Policies

1. It is the policy of Sessions to conduct thorough and timely risk assessments of the potential threats and vulnerabilities to the confidentiality, integrity, and availability of electronic protected health information (ePHI) (and other confidential and proprietary electronic information) it stores, transmits, and/or processes for its Customers and to develop strategies to efficiently and effectively mitigate the risks identified in the assessment process as an integral part of Sessions’s information security program.
2. Risk analysis and risk management are recognized as important components of Sessions’s corporate compliance program and information security program in accordance with the Risk Analysis and Risk Management implementation specifications within the Security Management standard and the evaluation standards set forth in the HIPAA Security Rule, 45 CFR 164.308(a)(1)(ii)(A), 164.308(a)(1)(ii)(B), 164.308(a)(1)(i), and 164.308(a)(8).
   1. Risk assessments are done throughout product life cycles;
   2. Before the integration of new system technologies and before changes are made to Sessions physical safeguards; and
      • These changes do not include routine updates to existing systems, deployments of new systems created based on previously configured systems, deployments of new Customers, or new code developed for operations and management of the Sessions platform.
   3. While making changes to Sessions physical equipment and facilities that introduce new, untested configurations;
   4. Sessions performs periodic technical and non-technical assessments of the security rule requirements as well as in response to environmental or operational changes affecting the security of ePHI.
3. Sessions implements security measures sufficient to reduce risks and vulnerabilities to a reasonable and appropriate level to:
   1. Ensure the confidentiality, integrity, and availability of all ePHI Sessions receives, maintains, processes, and/or transmits for its Customers;
   2. Protect against any reasonably anticipated threats or hazards to the security or integrity of Customer ePHI;
   3. Protect against any reasonably anticipated uses or disclosures of Customer ePHI that are not permitted or required; and
   4. Ensure compliance by all workforce members.
4. Any risk remaining (residual) after other risk controls have been applied requires sign off by the senior management and Sessions’s Security Officer.
5. All Sessions workforce members are expected to fully cooperate with all persons charged with doing risk management work including contractors and audit personnel. Any workforce member that violates this policy will be subject to disciplinary action based on the severity of the violation as outlined in the Sessions Roles Policy.
6. The implementation, execution, and maintenance of the information security risk analysis and risk management process is the responsibility of Sessions’s Security Officer (or other designated employee), and the identified Risk Management Team.
7. All risk management efforts, including decisions made on what controls to put in place as well as those to not put into place, are documented and the documentation is maintained for six years.
8. The details of the Risk Management Process, including risk assessment, discovery, and mitigation, are outlined in detail below. The process is tracked, measured, and monitored using the following procedures:
   1. The Security Officer or the Privacy Officer initiates the Risk Management Procedures by creating an Issue in the company Notion Compliance Review Activity (CRA) Project.
   2. The Security Officer or the Privacy Officer is assigned to carry out the Risk Management Procedures.
   3. All findings are documented within the Issue.
   4. Once the Risk Management Procedures are complete, along with corresponding documentation, the Security Officer approves or rejects the Issue. If the Issue is rejected, it goes back for further review and documentation.
   5. If the review is approved, the Security Officer then marks the Issue as Done, adding any pertinent notes required.
9. The Risk Management Procedure is reviewed on a quarterly basis using Notion CRA reporting to assess compliance with above policy.

4.3 Risk Management Procedures

4.3.1 Risk Assessment

The intent of completing a risk assessment is to determine potential threats and vulnerabilities and the likelihood and impact should they occur. The output of this process helps to identify appropriate controls for reducing or eliminating risk.

• Step 1. System Characterization

  • The first step in assessing risk is to define the scope of the effort. To do this, identify where ePHI is received, maintained, processed, or transmitted. Using information-gathering techniques, the Sessions platform boundaries are identified.
  • Output - Characterization of the Sessions platform system assessed, a good picture of the platform environment, and delineation of platform boundaries.

• Step 2. Threat Identification

  • Potential threats (the potential for threat-sources to successfully exercise a particular vulnerability) are identified and documented. All potential threat-sources through the review of historical incidents and data from intelligence agencies, the government, etc., to help generate a list of potential threats.
  • Output - A threat list containing a list of threat-sources that could exploit platform vulnerabilities.

• Step 3. Vulnerability Identification

  • Develop a list of technical and non-technical platform vulnerabilities that could be exploited or triggered by potential threat-sources. Vulnerabilities can range from incomplete or conflicting policies that govern an organization’s computer usage to insufficient safeguards to protect facilities that house computer equipment to any number of software, hardware, or other deficiencies that comprise an organization’s computer network.
  • Output - A list of the platform vulnerabilities (observations) that could be exercised by potential threat-sources.

• Step 4. Control Analysis

  • Document and assess the effectiveness of technical and non-technical controls that have been or will be implemented by Sessions to minimize or eliminate the likelihood / probability of a threat-source exploiting a platform vulnerability.
  • Output - List of current or planned controls (policies, procedures, training, technical mechanisms, insurance, etc.) used for the platform to mitigate the likelihood of a vulnerability being exercised and reduce the impact of such an adverse event.

• Step 5. Likelihood Determination

  • Determine the overall likelihood rating that indicates the probability that a vulnerability could be exploited by a threat-source given the existing or planned security controls.
  • Output - Likelihood rating of low (.1), medium (.5), or high (1). Refer to the NIST SP 800-30 definitions of low, medium, and high.

• Step 6. Impact Analysis

  • Determine the level of adverse impact that would result from a threat successfully exploiting a vulnerability. Factors of the data and systems to consider should include the importance to Sessions’s mission; sensitivity and criticality (value or importance); costs associated; loss of confidentiality, integrity, and availability of systems and data.
  • Output - Magnitude of impact rating of low (10), medium (50), or high (100). Refer to the NIST SP 800-30 definitions of low, medium, and high.

• Step 7. Risk Determination

  • Establish a risk level. By multiplying the ratings from the likelihood determination and impact analysis, a risk level is determined. This represents the degree or level of risk to which an IT system, facility, or procedure might be exposed if a given vulnerability were exercised. The risk rating also presents actions that senior management must take for each risk level.
  • Output - Risk level of low (1-10), medium (>10-50) or high (>50-100). Refer to the NIST SP 800-30 definitions of low, medium, and high.

• Step 8. Control Recommendations

  • Identify controls that could reduce or eliminate the identified risks, as appropriate to the organization’s operations to an acceptable level. Factors to consider when developing controls may include effectiveness of recommended options (i.e., system compatibility), legislation and regulation, organizational policy, operational impact, and safety and reliability. Control recommendations provide input to the risk mitigation process, during which the recommended procedural and technical security controls are evaluated, prioritized, and implemented.
  • Output - Recommendation of control(s) and alternative solutions to mitigate risk.

• Step 9. Results Documentation

  • Results of the risk assessment are documented in an official report, spreadsheet, or briefing and provided to senior management to make decisions on policy, procedure, budget, and platform operational and management changes.
  • Output - A risk assessment report that describes the threats and vulnerabilities, measures the risk, and provides recommendations for control implementation.

4.3.2 Risk Mitigation

Risk mitigation involves prioritizing, evaluating, and implementing the appropriate risk-reducing controls recommended from the Risk Assessment process to ensure the confidentiality, integrity and availability of Sessions platform ePHI. Determination of appropriate controls to reduce risk is dependent upon the risk tolerance of the organization consistent with its goals and mission.

• Step 1. Prioritize Actions

  • Using results from Step 7 of the Risk Assessment, sort the threat and vulnerability pairs according to their risk-levels in descending order. This establishes a prioritized list of actions needing to be taken, with the pairs at the top of the list getting/requiring the most immediate attention and top priority in allocating resources
  • Output - Actions ranked from high to low

• Step 2. Evaluate Recommended Control Options

  • Although possible controls for each threat and vulnerability pair are arrived at in Step 8 of the Risk Assessment, review the recommended control(s) and alternative solutions for reasonableness and appropriateness. The feasibility (e.g., compatibility, user acceptance, etc.) and effectiveness (e.g., degree of protection and level of risk mitigation) of the recommended controls should be analyzed. In the end, select a “most appropriate” control option for each threat and vulnerability pair.
  • Output - list of feasible controls

• Step 3. Conduct Cost-Benefit Analysis

  • Determine the extent to which a control is cost-effective. Compare the benefit (e.g., risk reduction) of applying a control with its subsequent cost of application. Controls that are not cost-effective are also identified during this step. Analyzing each control or set of controls in this manner, and prioritizing across all controls being considered, can greatly aid in the decision-making process.
  • Output - Documented cost-benefit analysis of either implementing or not implementing each specific control

• Step 4. Select Control(s)

  • Taking into account the information and results from previous steps, Sessions’s mission, and other important criteria, the Risk Management Team determines the best control(s) for reducing risks to the information systems and to the confidentiality, integrity, and availability of ePHI. These controls may consist of a mix of administrative, physical, and/or technical safeguards.
  • Output - Selected control(s)

• Step 5. Assign Responsibility

  • Identify the workforce members with the skills necessary to implement each of the specific controls outlined in the previous step, and assign their responsibilities. Also identify the equipment, training and other resources needed for the successful implementation of controls. Resources may include time, money, equipment, etc.
  • Output - List of resources, responsible persons and their assignments

• Step 6. Develop Safeguard Implementation Plan

  • Develop an overall implementation or action plan and individual project plans needed to implement the safeguards and controls identified. The Implementation Plan should contain the following information:
  • Each risk or vulnerability/threat pair and risk level;
  • Prioritized actions;
  • The recommended feasible control(s) for each identified risk;
  • Required resources for implementation of selected controls;
  • Team member responsible for implementation of each control;
  • Start date for implementation
  • Target date for completion of implementation;
  • Maintenance requirements.
  • The overall implementation plan provides a broad overview of the safeguard implementation, identifying important milestones and timeframes, resource requirements (staff and other individuals’ time, budget, etc.), interrelationships between projects, and any other relevant information. Regular status reporting of the plan, along with key metrics and success indicators should be reported to Sessions Senior Management.
  • Individual project plans for safeguard implementation may be developed and contain detailed steps that resources assigned carry out to meet implementation timeframes and expectations. Additionally, consider including items in individual project plans such as a project scope, a list deliverables, key assumptions, objectives, task completion dates and project requirements.
  • Output - Safeguard Implementation Plan

• Step 7. Implement Selected Controls

  • As controls are implemented, monitor the affected system(s) to verify that the implemented controls continue to meet expectations. Elimination of all risk is not practical. Depending on individual situations, implemented controls may lower a risk level but not completely eliminate the risk.
  • Continually and consistently communicate expectations to all Risk Management Team members, as well as senior management and other key people throughout the risk mitigation process. Identify when new risks are identified and when controls lower or offset risk rather than eliminate it.
  • Additional monitoring is especially crucial during times of major environmental changes, organizational or process changes, or major facilities changes.
  • If risk reduction expectations are not met, then repeat all or a part of the risk management process so that additional controls needed to lower risk to an acceptable level can be identified.
  • Output - Residual Risk documentation

4.3.3 Risk Management Schedule

The two principle components of the risk management process - risk assessment and risk mitigation - will be carried out according to the following schedule to ensure the continued adequacy and continuous improvement of Sessions’s information security program:

• Scheduled Basis - an overall risk assessment of Sessions’s information system infrastructure will be conducted annually. The assessment process should be completed in a timely fashion so that risk mitigation strategies can be determined and included in the corporate budgeting process.
• Throughout a System’s Development Life Cycle - from the time that a need for a new, untested information system configuration and/or application is identified through the time it is disposed of, ongoing assessments of the potential threats to a system and its vulnerabilities should be undertaken as a part of the maintenance of the system.
• As Needed - the Security Officer (or other designated employee) or Risk Management Team may call for a full or partial risk assessment in response to changes in business strategies, information technology, information sensitivity, threats, legal liabilities, or other significant factors that affect Sessions’s Platform.

4.4 Process Documentation

Maintain documentation of all risk assessment, risk management, and risk mitigation efforts for a minimum of six years.

5. Roles Policy

Sessions has a Security Officer [164.308(a)(2)] and Privacy Officer [164.308(a)(2)] appointed to assist in maintaining and enforcing safeguards towards compliance. Currently, Dan Root serves in both roles. The responsibilities associated with these roles are outlined below.

5.1 Applicable Standards

5.1.1 Applicable Standards from the HITRUST Common Security Framework

• 02.f - Disciplinary Process
• 06.d - Data Protection and Privacy of Covered Information
• 06.f - Prevention of Misuse of Information Assets
• 06.g - Compliance with Security Policies and Standards

5.1.2 Applicable Standards from the HIPAA Security Rule

• 164.308(a)(2) - Assigned Security Responsibility
• 164.308(a)(5)(i) - Security Awareness and Training

5.2 Privacy Officer

The Privacy Officer is responsible for assisting with compliance and security training for workforce members, assuring organization remains in compliance with evolving compliance rules, and helping the Security Officer in their responsibilities.

1. Provides annual training to all workforce members of established policies and procedures as necessary and appropriate to carry out their job functions and documents the training provided.
2. Assists in the administration and oversight of business associate agreements.
3. Manage relationships with customers and partners as those relationships affect security and compliance of ePHI.
4. Assist Security Officer as needed.

The current Sessions Privacy Officer is Dan Root (dan@sessionshealth.com).

5.2.1 Workforce Training Responsibilities

1. The Privacy Officer facilitates the training of all workforce members as follows:
   1. New workforce members within their first month of employment;
   2. Existing workforce members annually;
   3. Existing workforce members whose functions are affected by a material change in the policies and procedures, within a month after the material change becomes effective;
   4. Existing workforce members as needed due to changes in security and risk posture of Sessions.
2. The Security Officer or designee maintains documentation of the training session materials and attendees for a minimum of six years.
3. The training session focuses on, but is not limited to, the following subjects defined in Sessions’s security policies and procedures:
   1. HIPAA Privacy, Security, and Breach notification rules;
   2. HITRUST Common Security Framework;
   3. NIST Security Rules;
   4. Risk Management procedures and documentation;
   5. Auditing. Sessions may monitor access and activities of all users;
   6. Sessions-provided workstations may only be used to perform assigned job responsibilities;
   7. Users may not download software onto Sessions-provided workstations and/or systems without prior approval from the Security Officer;
   8. Users are required to report malicious software to the Security Officer immediately;
   9. Users are required to report unauthorized attempts, uses of, and theft of Sessions’s systems and/or workstations;
   10. Users are required to report unauthorized access to facilities
   11. Users are required to report noted log-in discrepancies (i.e. application states users last log-in was on a date user was on vacation);
   12. Users may not alter ePHI maintained in a database, unless authorized to do so by a Sessions Customer;
   13. Users are required to understand their role in Sessions’s contingency plan;
   14. Users may not share their user names nor passwords with anyone;
   15. Requirements for users to create and change passwords;
   16. Users must set all applications that contain or transmit ePHI to automatically log off after 15 minutes of inactivity;
   17. Supervisors are required to report terminations of workforce members and other outside users;
   18. Supervisors are required to report a change in a user’s title, role, department, and/or location;
   19. Procedures to backup ePHI;
   20. Procedures to move and record movement of hardware and electronic media containing ePHI;
   21. Procedures to dispose of discs, CDs, hard drives, and other media containing ePHI;
   22. Procedures to re-use electronic media containing ePHI;
   23. SSH key and sensitive document encryption procedures.

5.3 Security Officer

The Security Officer is responsible for facilitating the training and supervision of all workforce members [164.308(a)(3)(ii)(A) and 164.308(a)(5)(ii)(A)], investigation and sanctioning of any workforce member that is in violation of Sessions security policies and non-compliance with the security regulations [164.308(a)(1)(ii)(c)], and writing, implementing, and maintaining all polices, procedures, and documentation related to efforts toward security and compliance [164.316(a-b)].

The current Sessions Security Officer is Dan Root (dan@sessionshealth.com).

5.3.1 Organizational Responsibilities

The Security Officer, in collaboration with the Privacy Officer, is responsible for facilitating the development, testing, implementation, training, and oversight of all activities pertaining to Sessions’s efforts to be compliant with the HIPAA Security Regulations, HITRUST CSF, and any other security and compliance frameworks. The intent of the Security Officer Responsibilities is to maintain the confidentiality, integrity, and availability of ePHI. The Security Officer is appointed by and reports to the Board of Directors and the CEO.

These organizational responsibilities include, but are not limited to the following:

1. Oversees and enforces all activities necessary to maintain compliance and verifies the activities are in alignment with the requirements.
2. Helps to establish and maintain written policies and procedures to comply with the Security rule and maintains them for six years from the date of creation or date it was last in effect, whichever is later.
3. Reviews and updates policies and procedures as necessary and appropriate to maintain compliance and maintains changes made for six years from the date of creation or date it was last in effect, whichever is later.
4. Facilitates audits to validate compliance efforts throughout the organization.
5. Documents all activities and assessments completed to maintain compliance and maintains documentation for six years from the date of creation or date it was last in effect, whichever is later.
6. Provides copies of the policies and procedures to management, customers, and partners, and has them available to review by all other workforce members to which they apply.
7. Annually, and as necessary, reviews and updates documentation to respond to environmental or operational changes affecting the security and risk posture of ePHI stored, transmitted, or processed within Sessions infrastructure.
8. Develops and provides periodic security updates and reminder communications for all workforce members.
9. Implements procedures for the authorization and/or supervision of workforce members who work with ePHI or in locations where it may be accessed.
10. Maintains a program promoting workforce members to report non-compliance with policies and procedures.
    • Promptly, properly, and consistently investigates and addresses reported violations and takes steps to prevent recurrence.
    • Applies consistent and appropriate sanctions against workforce members who fail to comply with the security policies and procedures of Sessions.
    • Mitigates, to the extent practicable, any harmful effect known to Sessions of a use or disclosure of ePHI in violation of Sessions’s policies and procedures, even if effect is the result of actions of Sessions business associates, customers, and/or partners.
11. Reports security efforts and incidents to administration immediately upon discovery. Responsibilities in the case of a known ePHI breach are documented in the Sessions Breach Policy.
12. The Security Officer facilitates the communication of security updates and reminders to all workforce members to which it pertains. Examples of security updates and reminders include, but are not limited to:
    • Latest malicious software or virus alerts;
    • Sessions’s requirement to report unauthorized attempts to access ePHI;
    • Changes in creating or changing passwords;
    • Additional security-focused training is provided to all workforce members by the Security Officer. This training includes, but is not limited to:
    • Data backup plans;
    • System auditing procedures;
    • Redundancy procedures;
    • Contingency plans;
    • Virus protection;
    • Patch management;
    • Media Disposal and/or Re-use;
    • Documentation requirements.
13. The Security Officer works with the CEO to ensure that any security objectives have appropriate consideration during the budgeting process.
    • In general, security and compliance are core to Sessions’s technology and service offerings; in most cases this means security-related objectives cannot be split out to separate budget line items.
    • For cases that can be split out into discrete items, such as licenses for commercial tooling, the Security Officer follows Sessions’s standard corporate budgeting process.
    • At the beginning of every fiscal year, the CEO contacts the Security Officer to plan for the upcoming year’s expenses.
    • The Security Officer works with the CEO to forecast spending needs based on the previous year’s level, along with changes for the upcoming year such as additional staff hires.
    • During the year, if an unforeseen security-related expense arises that was not in the budget forecast, the Security Officer works with the CEO to reallocate any resources as necessary to cover this expense.

5.3.2 Supervision of Workforce Responsibilities

Although the Security Officer is responsible for implementing and overseeing all activities related to maintaining compliance, it is the responsibility of all workforce members (i.e. team leaders, supervisors, managers, directors, co-workers, etc.) to supervise all workforce members and any other user of Sessions’s systems, applications, servers, workstations, etc. that contain ePHI.

1. Monitor workstations and applications for unauthorized use, tampering, and theft and report non-compliance according to the Security Incident Response policy.
2. Assist the Security and Privacy Officers to ensure appropriate role-based access is provided to all users.
3. Take all reasonable steps to hire, retain, and promote workforce members and provide access to users who comply with the Security regulation and Sessions’s security policies and procedures.

5.3.3 Sanctions of Workforce Responsibilities

All workforce members report non-compliance of Sessions’s policies and procedures to the Security Officer or other individual as assigned by the Security Officer. Individuals that report violations in good faith may not be subjected to intimidation, threats, coercion, discrimination against, or any other retaliatory action as a consequence.

1. The Security Officer promptly facilitates a thorough investigation of all reported violations of Sessions’s security policies and procedures. The Security Officer may request the assistance from others.
   • Complete an audit trail/log to identify and verify the violation and sequence of events.
   • Interview any individual that may be aware of or involved in the incident.
   • All individuals are required to cooperate with the investigation process and provide factual information to those conducting the investigation.
   • Provide individuals suspected of non-compliance of the Security rule and/or Sessions’s policies and procedures the opportunity to explain their actions.
   • The investigator thoroughly documents the investigation as the investigation occurs. This documentation must include a list of all employees involved in the violation.
2. Violation of any security policy or procedure by workforce members may result in corrective disciplinary action, up to and including termination of employment. Violation of this policy and procedures by others, including business associates, customers, and partners may result in termination of the relationship and/or associated privileges. Violation may also result in civil and criminal penalties as determined by federal and state laws and regulations.
   • A violation resulting in a breach of confidentiality (i.e. release of PHI to an unauthorized individual), change of the integrity of any ePHI, or inability to access any ePHI by other users, requires immediate termination of the workforce member from Sessions.
3. The Security Officer facilitates taking appropriate steps to prevent recurrence of the violation (when possible and feasible).
4. In the case of an insider threat, the Security Officer and Privacy Officer are to set up a team to investigate and mitigate the risk of insider malicious activity. Sessions workforce members are encouraged to come forward with information about insider threats, and can do so anonymously.
5. The Security Officer maintains all documentation of the investigation, sanctions provided, and actions taken to prevent reoccurrence for a minimum of six years after the conclusion of the investigation.

6. Data Management Policy

Sessions has procedures to create and maintain retrievable exact copies of electronic protected health information (ePHI) stored in conjunction with Sessions. The policy and procedures will assure that complete, accurate, retrievable, and tested backups are available for all systems used by Sessions.

Data backup is an important part of the day-to-day operations of Sessions. To protect the confidentiality, integrity, and availability of ePHI, both for Sessions and Sessions’ Customers, complete backups are done daily to assure that data remains available when it’s needed and in case of a disaster.

Violation of this policy and its procedures by workforce members may result in corrective disciplinary action, up to and including termination of employment.

6.1 Applicable Standards

6.1.1 Applicable Standards from the HITRUST Common Security Framework

• 01.v - Information Access Restriction

6.1.2 Applicable Standards from the HIPAA Security Rule

• 164.308(a)(7)(ii)(A) - Data Backup Plan
• 164.310(d)(2)(iii) - Accountability
• 164.310(d)(2)(iv) - Data Backup and Storage

6.2 Backup Policy and Procedures

All backups are done automatically by the Sessions infrastructure provider, Healthcare Blocks.

Healthcare Blocks will: 1. create a nightly snapshot of each disk volume and database used by Sessions. 2. create monthly database backups for long-term storage; * retained for 6 years by default * encrypted and stored in a highly durable storage infrastructure (99.999999999% durability and 99.99% availability)

All access to backups will be provided by request to Healthcare Blocks.

7. System Access Policy

Access to Sessions systems and application is limited for all users, including but not limited to workforce members, volunteers, business associates, contracted providers, consultants, and any other entity, is allowable only on a minimum necessary basis. All users are responsible for reporting an incident of unauthorized user or access of the organization’s information systems. These safeguards have been established to address the HIPAA Security regulations including the following:

7.1 Applicable Standards

7.1.1 Applicable Standards from the HITRUST Common Security Framework

• 01.d - User Password Management
• 01.f - Password Use
• 01.r - Password Management System
• 01.a - Access Control Policy
• 01.b - User Registration
• 01.h - Clear Desk and Clear Screen Policy
• 01.j - User Authentication for External Connections
• 01.q - User Identification and Authentication
• 01.v - Information Access Restriction
• 02.i - Removal of Access Rights
• 06.e - Prevention of Misuse of Information Assets

7.1.2 Applicable Standards from the HIPAA Security Rule

• 164.308a4iiC Access Establishment and Modification
• 164.308a3iiB Workforce Clearance Procedures
• 164.308a4iiB Access Authorization
• 164.312d Person or Entity Authentication
• 164.312a2i Unique User Identification
• 164.308a5iiD Password Management
• 164.312a2iii Automatic Logoff
• 164.310b Workstation Use
• 164.310c Workstation Security
• 164.308a3iiC Termination Procedures

7.2 Access Establishment and Modification

1. Requests for access to Sessions platform systems, tooling, and administrative applications is made formally using the following process:
   1. The Sessions workforce member, or their manager, initiates the access request by creating an Issue in the Notion Compliance Review Activity (CRA) Project.
   2. User identities must be verified prior to granting access to new accounts.
   3. Identity verification must be done in person where possible; for remote employees, identities must be verified through an accepted electronic medium (phone call, text message, private message on Slack).
   4. For new accounts, the method used to verify the user’s identity must be recorded on the Issue.
   5. The Security Officer will grant access to systems as dictated by the employee’s job title. If additional access is required outside of the minimum necessary to perform job functions, the requester must include a description of why the additional access is required as part of the access request.
   6. Once the review is completed, the Security Officer approves or rejects the Issue. If the Issue is rejected, it goes back for further review and documentation.
   7. If the review is approved, the Security Officer then marks the Issue as Done, adding any pertinent notes required. The Security Officer then grants requested access.
   8. New accounts will be created with a temporary secure password, if applicable, that meets all requirements from §7.12, which must be changed on the initial login.
   9. All password exchanges must occur over an authenticated channel.
   10. Access grants are accomplished by leveraging the access control mechanisms of each system.
2. Access is not granted until receipt, review, and approval by the Sessions Security Officer;
3. The request for access is retained for future reference.
4. All access to Sessions systems and services are reviewed and updated on a bi-annual basis to ensure proper authorizations are in place commensurate with job functions. The process for conducting reviews is outlined below:
   1. The Security Officer initiates the review of user access by creating an Issue in the Notion Compliance Review Activity (CRA) Project.
   2. The Security Officer or the Privacy Officer is assigned to review levels of access for each Sessions workforce member.
   3. If user access is found during review that is not in line with the least privilege principle, the process below is used to modify user access and notify the user of access changes. Once those steps are completed, the Issue is then reviewed again.
   4. Once the review is completed, the Security Officer approves or rejects the Issue. If the Issue is rejected, it goes back for further review and documentation.
   5. If the review is approved, the Security Officer then marks the Issue as Done, adding any pertinent notes required.
5. Any Sessions workforce member can request change of access using the process outlined in §7.2 paragraph 1.
6. Access to production systems is controlled using centralized user management and authentication.
7. Temporary accounts are not used unless absolutely necessary for business purposes.
   • Accounts are reviewed every 90 days to ensure temporary accounts are not left unnecessarily.
   • Accounts that are inactive for over 90 days are removed.
8. In the case of non-personal information, such as generic educational content, identification and authentication may not be required. This is the responsibility of Sessions Customers to define, and not Sessions.
9. Privileged users must first access systems using standard, unique user accounts before switching to privileged users and performing privileged tasks.
   • For production systems, this is enforced by creating non-privileged user accounts that must invoke sudo to perform privileged tasks.
   • For production application administrative access, this is done by the Security Officer modifying the user account type to become an Administrator.
   • Rights for privileged accounts are granted by the Security Officer using the process outlined in §7.2 paragraph 1.
10. All application to application communication using service accounts is restricted and not permitted unless absolutely needed. Automated tools are used to limit account access across applications and systems.
11. Generic accounts are not allowed on Sessions systems.
12. Access to production systems are controlled:
    • Infrastrucre access is controlled by Healthcare Blocks;
    • A formal request must be made to Healthcare Blocks to add a user
    • The new user’s SSH private key is given to Healthcare Blocks
    • Healthcare Blocks adds the SSH private key to the Sessions infrastructure environment
    • All connections to the Sessions infrastructure is disconnected after 5 minutes of inactivity
    • Application administrative access is controlled by the Security Officer:
    • The new user creates a standard user account on the production application.
    • A formal request to become an application administrator is made using the process outlined in §7.2 paragraph 1
    • The Security Officer modifies the existing user record to upgrade access to an administrator
    • Production administrator access automatically disconnects after 30 minutes.
13. In cases of increased risk or known attempted unauthorized access, immediate steps are taken by the Security and Privacy Officer to limit access and reduce risk of unauthorized access.
14. Direct system to system, system to application, and application to application authentication and authorization are limited and controlled to restrict access.
15. Healthcare Blocks additionally monitors all infrastructure network traffic.
    • Network access to virtual machines is inspected in real time and permanently logged. Intrusion attempts are automatically identified and blocked on a per IP address basis for a significant duration of time, mitigating SSH dictionary attacks and other malicious behavior.
    • SSH access to application environments is configured per the Center for Internet Security (CIS) benchmark recommendations. Network traffic can be restricted to specific whitelisted IP addresses or VPN connections on a per environment basis.
    • more information can be found at the Healthcare Blocks website

7.3 Workforce Clearance

1. The level of security assigned to a user to the organization’s information systems is based on the minimum necessary amount of data access required to carry out legitimate job responsibilities assigned to a user’s job classification and/or to a user needing access to carry out treatment, payment, or healthcare operations.
2. All access requests are treated on a “least-access principle.”
3. Sessions maintains a minimum necessary approach to access to Customer data. As such, Sessions, including all workforce members, does not readily have access to any ePHI.

7.4 Access Authorization

1. Role based access categories for each Sessions system and application are pre-approved by the Security Officer or VP of Engineering.
2. Sessions, by using Healthcare Blocks, utilizes hardware and software firewalls to segment data, prevent unauthorized access, and monitor traffic for denial of service attacks.

7.5 Person or Entity Authentication

1. Each workforce member has and uses a unique user ID and password that identifies him/her as the user of the information system.
2. Each Customer and Partner has and uses a unique user ID and password that identifies him/her as the user of the information system.
3. All Customer support desk interactions must be verified before Sessions support personnel will satisfy any request having information security implications.
   • Support issues submitted by email must be verified by Sessions personnel to belong to an existing Customer.

7.6 Unique User Identification

1. Access to the Sessions platform systems and applications is controlled by requiring unique User Login IDs and passwords for each individual user and developer.
2. Passwords requirements mandate strong password controls (see below).
3. Passwords are not displayed at any time and are not transmitted or stored in plain text.
4. Default accounts on all production systems, including root, are disabled.
5. Shared accounts are not allowed within Sessions systems or networks.
6. Automated log-on configurations that store user passwords or bypass password entry with a less secure mechanism are not permitted for use with Sessions workstations or production systems.

7.7 Automatic Logoff

1. Users are required to make information systems inaccessible by any other individual when unattended by the users (ex. by using a password protected screen saver or logging off the system).
2. Session infrastructure access is set to logoff after 5 minutes of inactivity.
3. Sessions employees, contractors, or equivalent are required to set up workstations to logoff after 15 minutes of inactivity.
4. Sessions production application will automatically log users off the systems after 30 minutes of inactivity.
5. The Security Officer pre-approves exceptions to automatic log off requirements.

7.8 Employee Workstation Use

1. Workstations may not be used to engage in any activity that is illegal or is in violation of organization’s policies.
2. Access may not be used for transmitting, retrieving, or storage of any communications of a discriminatory or harassing nature or materials that are obscene or “X-rated”. Harassment of any kind is prohibited. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, physical attributes, sexual preference, or health condition shall be transmitted or maintained. No abusive, hostile, profane, or offensive language is to be transmitted through organization’s system.
3. Information systems/applications also may not be used for any other purpose that is illegal, unethical, or against company policies or contrary to organization’s best interests. Messages containing information related to a lawsuit or investigation may not be sent without prior approval.
4. Solicitation of non-company business, or any use of organization’s information systems/applications for personal gain is prohibited.
5. Transmitted messages may not contain material that criticizes the organization, its providers, its employees, or others.
6. Users may not misrepresent, obscure, suppress, or replace another user’s identity in transmitted or stored messages.
7. Workstation hard drives will be encrypted using FileVault 2.0 or equivalent.
8. All workstations have firewalls enabled to prevent unauthorized access unless explicitly granted.

7.9 Wireless Access Use

1. Sessions production systems are not accessible directly over wireless channels.
2. Access to Sessions infrastructure over a public network (ie, coffeeshop, library, etc.) is prohibited.
3. Wireless networks managed within Sessions non-production facilities (offices, etc.) are secured with the following configurations:
   • All data in transit over wireless is encrypted using WPA2 encryption;
   • Passwords are rotated on a regular basis.

7.10 Employee Termination Procedures

1. The Human Resources Department (or other designated department), users, and their supervisors are required to notify the Security Officer upon completion and/or termination of access needs and facilitating completion of the “Termination Checklist”.
2. The Human Resources Department, users, and supervisors are required to notify the Security Officer to terminate a user’s access rights if there is evidence or reason to believe the following (these incidents are also reported on an incident report and is filed with the Privacy Officer):
   • The user has been using their access rights inappropriately;
   • A user’s password has been compromised (a new password may be provided to the user if the user is not identified as the individual compromising the original password);
   • An unauthorized individual is utilizing a user’s User Login ID and password (a new password may be provided to the user if the user is not identified as providing the unauthorized individual with the User Login ID and password).
3. The Security Officer will terminate users’ access rights immediately upon notification, and will coordinate with the appropriate Sessions employees to terminate access to any non-production systems managed by those employees.
4. The Security Officer audits and may terminate access of users that have not logged into organization’s information systems/applications for an extended period of time.

7.11 Paper Records

Sessions does not use paper records for any sensitive information. Use of paper for recording and storing sensitive data is against Sessions policies.

7.12 Password Management

1. User IDs and passwords are used to control access to Sessions systems and may not be disclosed to anyone for any reason.
2. Users may not allow anyone, for any reason, to have access to any information system using another user’s unique user ID and password.
3. On all production systems and applications in the Sessions environment, password configurations are set to require:
   • a minimum length of 8 characters;
   • a mix of upper case characters, lower case characters, and numbers or special characters;
   • prevention of password reuse using a history of the last 6 passwords where supported;
   • modifying at least 4 characters when changing passwords where supported;
   • account lockout after 5 invalid attempts.
4. All system and application passwords must be stored and transmitted securely.
   • Where possible, passwords should be stored in a hashed format using a salted cryptographic hash function (SHA-256 or equivalent).
   • Passwords that must be stored in non-hashed format must be encrypted at rest pursuant to the requirements in §17.6.
   • Transmitted passwords must be encrypted in flight pursuant to the requirements in §17.8.
5. Each information system automatically requires users to change passwords at a pre-determined interval as determined by the organization, based on the criticality and sensitivity of the ePHI contained within the network, system, application, and/or database.
6. Passwords are inactivated immediately upon an employee’s termination (refer to the Employee Termination Procedures in §7.10).
7. All default system, application, and Partner passwords are changed before deployment to production.
8. Upon initial login, users must change any passwords that were automatically generated for them.
9. Password change methods must use a confirmation method to correct for user input errors.
10. All passwords used in configuration scripts are secured and encrypted.
11. If a user believes their user ID has been compromised, they are required to immediately report the incident to the Security Office.
12. In cases where a user has forgotten their password, the following procedure is used to reset the password.
    • The user submits a password reset request to the Security Officer. The request should include the system to which the user has lost access and needs the password reset.
    • An administrator with password reset privileges is notified and connects directly with the user requesting the password reset.
    • The administrator verifies the identity of the user either in-person or through a separate communication channel such as phone or Slack.
    • Once verified, the administrator resets the password.

7.13 Access to ePHI

1. Employees may not download ePHI to any workstations used to connect to production systems.
2. Disallowing transfer of ePHI to workstations is enforced through technical measures.
   • All production access to systems is performed through a bastion/jump host accessed through a VPN. Direct access to production systems is disallowed by Sessions’s VPN configuration.
   • On production Linux bastions, all file transfer services are disabled including file-transfer functionality of SSH services (SCP/SFTP).
   • Configuration settings for enforcing these technical controls are managed by Sessions’s configuration management tooling.

7.14 Data Migration

In the case of data migration, Sessions does, on a case by case basis, support customers in importing data. In these cases Sessions requires that all data is secured and encrypted in transit, such as by using SFTP or SCP for transferring files.

In the case of an investigation, Sessions will assist customers, at Sessions’s discretion, and law enforcement in forensics.

8. Auditing Policy

Sessions shall audit access and activity of electronic protected health information (ePHI) applications and systems in order to ensure compliance. The Security Rule requires healthcare organizations to implement reasonable hardware, software, and/or procedural mechanisms that record and examine activity in information systems that contain or use ePHI. Audit activities may be limited by application, system, and/or network auditing capabilities and resources. Sessions shall make reasonable and good-faith efforts to safeguard information privacy and security through a well-thought-out approach to auditing that is consistent with available resources and utilizing our underlying platform, Healthcare Blocks, to provide server-level auditing and logging.

It is the policy of Sessions to safeguard the confidentiality, integrity, and availability of applications, systems, and networks. To ensure that appropriate safeguards are in place and effective, Healthcare Blocks shall audit access and activity to detect, report, and guard against:

• Network vulnerabilities and intrusions;
• Breaches in confidentiality and security of patient protected health information;
• Performance problems and flaws in applications;
• Improper alteration or destruction of ePHI;
• Out of date software and/or software known to have vulnerabilities.

8.1 Applicable Standards

8.1.1 Applicable Standards from the HITRUST Common Security Framework

• 0.a Information Security Management Program
• 01.a Access Control Policy
• 01.b User Registration
• 01.c Privilege Management
• 09.aa Audit Logging
• 09.ac Protection of Log Information
• 09.ab - Monitoring System Use
• 06.e - Prevention of Misuse of Information

8.1.2 Applicable Standards from the HIPAA Security Rule

• 45 CFR §164.308(a)(1)(ii)(D) - Information System Activity Review
• 45 CFR §164.308(a)(5)(ii)(B) & (C) - Protection from Malicious Software & Log-in Monitoring
• 45 CFR §164.308(a)(2) - HIPAA Security Rule Periodic Evaluation
• 45 CFR §164.312(b) - Audit Controls
• 45 CFR §164.312(c)(2) - Mechanism to Authenticate ePHI
• 45 CFR §164.312(e)(2)(i) - Integrity Controls

8.2 Auditing Policies

1. Responsibility for auditing information system access and activity is assigned to Healthcare Blocks’ Security Officer, who shall:
   • Assign the task of generating reports for audit activities to the workforce member responsible for the application, system, or network;
   • Assign the task of reviewing the audit reports to the workforce member responsible for the application, system, or network, the Privacy Officer, or any other individual determined to be appropriate for the task;
   • Organize and provide oversight to a team structure charged with audit compliance activities (e.g., parameters, frequency, sample sizes, report formats, evaluation, follow-up, etc.).
   • All connections to Sessions are monitored. Access is limited to certain services, ports, and destinations. Exceptions to these rules, if created, are reviewed on an annual basis.
2. Sessions’s auditing processes shall address access and activity at the following levels listed below. Auditing processes may address date and time of each log-on attempt, date and time of each log-off attempt, devices used, functions performed, etc.
   • User: User level audit trails generally monitor and log all commands directly initiated by the user, all identification and authentication attempts, and data and services accessed.
   • Application: Application level audit trails generally monitor and log all user activities, including data accessed and modified and specific actions.
   • System: System level audit trails generally monitor and log user activities, applications accessed, and other system defined specific actions. Healthcare Blocks utilizes file system monitoring from OSSEC to assure the integrity of file system data.
   • Network: Network level audit trails generally monitor information on what is operating, penetrations, and vulnerabilities.
3. Healthcare Blocks shall log all incoming and outgoing traffic into and out of its environment. This includes all successful and failed attempts at data access and editing. Data associated with this will include origin, destination, time, and other relevant details that are available to Healthcare Blocks.
4. Sessions’s host, Healthcare Blocks, utilizes Trend Micro OSSEC to scan all systems every 12 hours for intrusion detection, file integrity monitoring, log monitoring, rootcheck, and process monitoring. In addition, a weekly rootkit/malware scan using rkhunter is performed weekly as secondary verification on top of OSSEC’s scanning capabilities.
5. Sessions leverages process monitoring tools throughout its environment.
6. Healthcare Blocks uses OSSEC to monitor the integrity of log files by utilizing OSSEC System Integrity Checking capabilities.
7. Healthcare Blocks shall identify “trigger events” or criteria that raise awareness of questionable conditions of viewing of confidential information.
8. In addition to trigger events, Healthcare Blocks utilizes OSSEC log correlation functionality to proactively identify and enable alerts based on log data.
9. Logs are reviewed weekly by the Security Officer.
10. Healthcare Block’s Security Officer and Privacy Officer are authorized to select and use auditing tools that are designed to detect network vulnerabilities and intrusions. Such tools are explicitly prohibited by others, including Customers and Partners, without the explicit authorization of the Security Officer. These tools may include, but are not limited to:
    • Scanning tools and devices;
    • Password cracking utilities;
    • Network “sniffers.”
    • Passive and active intrusion detection systems.
11. The process for review of audit logs, trails, and reports shall include:
    • Description of the activity as well as rationale for performing the audit.
    • Identification of which Sessions workforce members will be responsible for review (workforce members shall not review audit logs that pertain to their own system activity).
    • Frequency of the auditing process.
    • Determination of significant events requiring further review and follow-up.
    • Identification of appropriate reporting channels for audit results and required follow-up.
12. Vulnerability testing software may be used to probe the network to identify what is running (e.g., operating system or product versions in place), whether publicly-known vulnerabilities have been corrected, and evaluate whether the system can withstand attacks aimed at circumventing security controls.
    • Testing may be carried out internally or provided through an external third-party vendor. Whenever possible, a third party auditing vendor should not be providing the organization IT oversight services (e.g., vendors providing IT services should not be auditing their own services - separation of duties).
    • Testing shall be done on a routine basis, currently quarterly.
13. Software patches and updates will be applied to all systems in a timely manner.
14. The Sessions application will:
    • ersist every user interaction that accesses or modifies any PHI or PII. This will include timestamps, user ID, which records were accessed or changed, the type of user request it originated from (including endpoint accessed, parameters passed in, etc.)
    • be able to showcase all changes to all records related to PII and PHI. This will include the ability to recreate records to the exact state they were in at any given time.

8.3 Audit Requests

1. A request may be made for an audit for a specific cause. The request may come from a variety of sources including, but not limited to, Privacy Officer, Security Officer, Customer, Partner, or an Application owner or application user.
2. A request for an audit for specific cause must include time frame, frequency, and nature of the request. The request must be reviewed and approved by Sessions’s Privacy or Security Officer.
3. A request for an audit must be approved by Sessions’s Privacy Officer and/or Security Officer before proceeding. Under no circumstances shall detailed audit information be shared with parties without proper permissions and access to see such data.
   • Should the audit disclose that a workforce member has accessed ePHI inappropriately, the minimum necessary/least privileged information shall be shared with Sessions’s Security Officer to determine appropriate sanction/corrective disciplinary action.
   • Only de-identified information shall be shared with Customer or Partner regarding the results of the investigative audit process. This information will be communicated to the appropriate personnel by Sessions’s Privacy Officer or designee. Prior to communicating with customers and partners regarding an audit, it is recommended that Sessions consider seeking risk management and/or legal counsel.

8.4 Review and Reporting of Audit Findings

1. Audit information that is routinely gathered must be reviewed in a timely manner, currently monthly, by the responsible workforce member(s). On a quarterly basis, logs are reviewed to assure the proper data is being captured and retained. The following process details how log reviews are done at Sessions:
   1. The Security Officer initiates the log review by creating an Issue in the Notion Compliance Review Activity (CRA) project.
   2. The Security Officer, or a Sessions Security Engineer assigned by the Security Officer, is assigned to review the logs.
   3. Relevant audit log findings are added to the Issue; these findings are investigated in a later step. Once those steps are completed, the Issue is then reviewed again.
   4. Once the review is completed, the Security Officer approves or rejects the Issue. Relevant findings are reviewed at this stage. If the Issue is rejected, it goes back for further review and documentation. The communications protocol around specific findings are outlined below.
   5. If the Issue is approved, the Security Officer then marks the Issue as Done, adding any pertinent notes required.
2. The reporting process shall allow for meaningful communication of the audit findings to those workforce members, Customers, or Partners requesting the audit.
   • Significant findings shall be reported immediately in a written format. Sessions’s security incident response form may be utilized to report a single event.
   • Routine findings shall be reported to the sponsoring leadership structure in a written report format.
3. Reports of audit results shall be limited to internal use on a minimum necessary/need-to-know basis. Audit results shall not be disclosed externally without administrative and/or legal counsel approval.
4. Security audits constitute an internal, confidential monitoring practice that may be included in Sessions’s performance improvement activities and reporting. Care shall be taken to ensure that the results of the audits are disclosed to administrative level oversight structures only and that information which may further expose organizational risk is shared with extreme caution. Generic security audit information may be included in organizational reports (individually-identifiable ePHI shall not be included in the reports).
5. Whenever indicated through evaluation and reporting, appropriate corrective actions must be undertaken. These actions shall be documented and shared with the responsible workforce members, Customers, and/or Partners.
6. Log review activity is monitored on a quarterly basis using Notion to assess compliance with above policy.

8.5 Auditing Customer and Partner Activity

1. Periodic monitoring of Customer and Partner activity shall be carried out to ensure that access and activity is appropriate for privileges granted and necessary to the arrangement between Sessions and the 3rd party. Sessions will make every effort to assure Customers and Partners do not gain access to data outside of their own Environments.
2. If it is determined that the Customer or Partner has exceeded the scope of access privileges, Sessions’s leadership must remedy the problem immediately.
3. If it is determined that a Customer or Partner has violated the terms of the HIPAA business associate agreement or any terms within the HIPAA regulations, Sessions must take immediate action to remediate the situation. Continued violations may result in discontinuation of the business relationship.

8.6 Audit Log Security Controls and Backup

1. Audit logs shall be protected from unauthorized access or modification by Healthcare Blocks, so the information they contain will be made available only if needed to evaluate a security incident or for routine audit activities as outlined in this policy.
2. All audit logs are protected in transit and encrypted at rest to control access to the content of the logs.
3. Audit logs shall be stored on a separate system to minimize the impact auditing may have on the privacy system and to prevent access to audit trails by those with system administrator privileges.
   • Separate systems are used to apply the security principle of “separation of duties” to protect audit trails from hackers.

8.7 Workforce Training, Education, Awareness and Responsibilities

1. Sessions workforce members are provided training, education, and awareness on safeguarding the privacy and security of business and ePHI. Sessions’s commitment to auditing access and activity of the information applications, systems, and networks is communicated through new employee orientation, ongoing training opportunities and events, and applicable policies. Sessions workforce members are made aware of responsibilities with regard to privacy and security of information as well as applicable sanctions/corrective disciplinary actions should the auditing process detect a workforce member’s failure to comply with organizational policies.

8.8 External Audits of Information Access and Activity

1. Prior to contracting with an external audit firm, Sessions shall:
   • Outline the audit responsibility, authority, and accountability;
   • Choose an audit firm that is independent of other organizational operations;
   • Ensure technical competence of the audit firm staff;
   • Require the audit firm’s adherence to applicable codes of professional ethics;
   • Obtain a signed HIPAA business associate agreement;
   • Assign organizational responsibility for supervision of the external audit firm.

8.9 Retention of Audit Data

1. Audit logs shall be maintained based on organizational needs. There is no standard or law addressing the retention of audit log/trail information. Retention of this information shall be based on:
   • Organizational history and experience.
   • Available storage space.
2. Reports summarizing audit activities shall be retained for a period of six years.
3. Audit log data is retained locally on the audit log server for a one-month period. Beyond that, log data is encrypted and moved to warm storage (currently S3) using automated scripts, and is retained for a minimum of one year.
4. Application-level audit log data around access and modification of PHI and PII data is currently stored in its database and kept indefinitely for the duration of the relationship with the Customer.

8.10 Potential Trigger Events

• High risk or problem prone incidents or events.
• Business associate, customer, or partner complaints.
• Known security vulnerabilities.
• Atypical patterns of activity.
• Failed authentication attempts.
• Remote access use and activity.
• Activity post termination.
• Random audits.

9. Configuration Management Policy

Sessions standardizes and automates configuration management through the use of deployment scripts as well as documentation of all changes to production systems and networks. Deployment scripts automatically configure all Sessions systems according to established and tested policies, and are used as part of our Disaster Recovery plan and process.

9.1 Applicable Standards

9.1.1 Applicable Standards from the HITRUST Common Security Framework

• 06 - Configuration Management

9.1.2 Applicable Standards from the HIPAA Security Rule

• 164.310(a)(2)(iii) Access Control & Validation Procedures

9.2 Configuration Management Policies

1. Deployment scripts are used to standardize and automate configuration management.
2. No systems are deployed into Sessions environments without approval of the Sessions CTO.
3. All changes to production systems, network devices, and firewalls are approved by the Sessions CTO before they are implemented to assure they comply with business and security requirements.
4. All changes to production systems are tested before they are implemented in production.
5. Implementation of approved changes are only performed by authorized personnel.
6. An up-to-date inventory of systems, including corresponding architecture diagrams for related products and services, shall be available.
7. All software and systems are tested using unit tests and/or end to end tests.
8. All committed code is reviewed using Github pull requests to assure software code quality and proactively detect potential security issues in development.
   1. The code review process requires an approver to approve the code before it can be merged.
   2. All code must pass all other required checks including passing tests, appropriate code coverage, etc.
   3. Developers cannot push code to the master code branch without a pull request.
   4. All opened pull requests contain a checklist for the opener to verify:
   5. That the code is fully self-reviewed
   6. Whether there are any changes that would require auditing (new patient data created or new avenues for patient data access)
   7. Whether there are any new risks (application, business, or security related) that comes with the new code; and if so, what steps should or will be taken to mitigate the risks (robust automated testing around the code, for example).
9. Sessions utilizes development and staging environments that mirror production to assure proper function.
10. All formal change requests require unique ID and authentication.
11. Sessions uses the Security Technical Implementation Guides (STIGs) published by the DoD Cyber Exchange as a baseline for hardening systems.
    • Windows-based systems use a baseline Active Directory group policy configuration in conjunction with the Windows Server 2012 STIG.
    • Linux-based systems use a Red Hat Enterprise Linux STIG which has been adapted for Ubuntu and improved based on the results of subsequent vulnerability scans and risk assessments.
12. Clocks are continuously synchronized to an authoritative source across all systems using NTP or a platform-specific equivalent. Modifying time data on systems is restricted.

9.3 Provisioning Production Systems

1. Before provisioning any systems, ops team members must file a request in the Notion Deployment Ticket (DT) project.
   • Notion access requires authenticated users.
   • The CTO grants access to the Notion DT project following the procedures covered in the Access Establishment and Modification section.
2. The VP Engineering or CTO must approve the provisioning request before any new system can be provisioned.
3. Once provisioning has been approved, the ops team member must configure the new system according to the standard baseline chosen for the system’s role.
4. Once the system has been provisioned, the ops team member must contact the security team to inspect the new system. A member of the security team will verify that the secure baseline has been applied to the new system, including (but not limited to) verifying the following items:
   • Removal of default users used during provisioning.
   • Network configuration for system.
   • Data volume encryption settings.
   • Intrusion detection and virus scanning software installed.
   • All items listed below in the operating system-specific subsections below.
5. The new system may be rotated into production once the CTO verifies all the provisioning steps listed above have been correctly followed and has marked the Issue with the Approved state.

9.4 Changing Existing Systems

1. Subsequent changes to already-provisioned systems shall be appropriately documented by creating an Issue in the Notion Deployment Ticket (DT) project describing exactly what changes will be made and by whom.
2. Once the request has been approved by the CTO, the ops team member may roll out the change into production environments.

9.5 Patch Management Procedures

1. Sessions uses automated tooling to ensure its applications are up-to-date with the latest libraries and security patches.
2. Healthcare Blocks reviews existing hosted environments for vulnerabilities and exposures and applies appropriate security patches.

9.6 Software Development Procedures

1. All development uses feature branches based on the main branch used for the current release. Any changes required for a new feature or defect fix are committed to that feature branch.
   • These changes must be covered under by a unit test, integration test, or end to end test where possible.
2. Developers are strongly encouraged to follow the commit message conventions suggested by GitHub.
   • Commit messages should be wrapped to 72 characters.
   • Commit messages should be written in the present tense. This convention matches up with commit messages generated by commands like git merge and git revert.
3. Once the feature and corresponding tests are complete, a pull request will be created using the GitHub web interface. The pull request should indicate which feature or defect is being addressed and should provide a high-level description of the changes made.
4. Code reviews are performed as part of the pull request procedure. Once a change is ready for review, the author(s) will notify other engineers by assigning the pull request to the appropriate engineer(s).
   • Other engineers will review the changes, using the guidelines above.
   • Engineers should note all potential issues with the code; it is the responsibility of the author(s) to address those issues or explain why they are not applicable.
5. If the feature or defect interacts with ePHI, or controls access to data potentially containing ePHI, the code changes must be reviewed by the Security Officer before the feature is marked as complete.
   • This review must include a security analysis for potential vulnerabilities such as those listed in the OWASP Top 10.
   • This review must also verify that any actions performed by authenticated users will generate appropriate audit log entries.
6. Once the review process finishes, each reviewer should approve the pull request, at which point the original author(s) may merge their change into the release branch.

9.7 Software Release Procedures

1. Once a pull request is merged into the master branch, the CI environment will automatically trigger a test suite run to ensure the merged code passes all tests.
2. Once tests pass, the CTO will manually push the code to the appropriate staging environment for further testing.
3. A spot check is performed on the staging environment to ensure the new code has deployed without issue.
4. The code is then pushed to the production environment.
5. A spot check is then performed on the production environment to ensure production has deployed without issue.

10. Facility Access Policy

Sessions works with Subcontractors to assure restriction of physical access to systems used as part of the Sessions platform. Sessions and its Subcontractors control access to the physical buildings/facilities that house these systems/applications, or in which Sessions workforce members operate, in accordance to the HIPAA Security Rule 164.310 and its implementation specifications. Because of Sessions’ remote workforce, physical access to areas where work is performed may include many people not authorized in this policy. In an effort to safeguard ePHI from unauthorized access, tampering, and theft, workstations must be appropriately locked if not in use when other unauthorized people are around. All workforce members are responsible for reporting an incident of unauthorized visitor and/or unauthorized access to Sessions’ equipment.

Sessions does not physically house any systems used by its platform in Sessions facilities. Physical security of our platform servers is outlined in §1.3.

10.1 Applicable Standards

10.1.1 Applicable Standards from the HITRUST Common Security Framework

• 08.b - Physical Entry Controls
• 08.d - Protecting Against External and Environmental Threats
• 08.j - Equipment Maintenance
• 08.l - Secure Disposal or Re-Use of Equipment
• 09.p - Disposal of Media

10.1.2 Applicable Standards from the HIPAA Security Rule

• 164.310(a)(2)(ii) Facility Security Plan
• 164.310(a)(2)(iii) Access Control & Validation Procedures
• 164.310(b-c) Workstation Use & Security

10.2 Sessions-controlled Facility Access Policies

1. When appropriate, visitor and third party support access is recorded and supervised. All visitors are escorted.
2. Repairs are documented and the documentation is retained.
3. Fire extinguishers and detectors are installed according to applicable laws and regulations.
4. Maintenance is controlled and conducted by authorized personnel in accordance with supplier-recommended intervals, insurance policies and the organizations maintenance program.
5. Electronic and physical media containing covered information is securely destroyed (or the information securely removed) prior to disposal.
6. The organization securely disposes media with sensitive information.
7. Enforcement of Facility Access Policies
   • Report violations of this policy to the restricted area’s department team leader, supervisor, manager, or director, or the Privacy Officer.
   • Workforce members in violation of this policy are subject to disciplinary action, up to and including termination.
   • Visitors in violation of this policy are subject to loss of vendor privileges and/or termination of services from Sessions.
8. Workstation Security
   • Workstations may only be accessed and utilized by authorized workforce members to complete assigned job/contract responsibilities.
   • All workforce members are required to monitor workstations and report unauthorized users and/or unauthorized attempts to access systems/applications as per the System Access Policy.
   • All workstations purchased by Sessions are the property of Sessions and are distributed to users by the company.

11. Incident Response Policy

Sessions implements an information security incident response process to consistently detect, respond, and report incidents, minimize loss and destruction, mitigate the weaknesses that were exploited, and restore information system functionality and business continuity as soon as possible.

The incident response process addresses:

• Continuous monitoring of threats through intrusion detection systems (IDS) and other monitoring applications;
• Establishment of an information security incident response team;
• Establishment of procedures to respond to media inquiries;
• Establishment of clear procedures for identifying, responding, assessing, analyzing, and follow-up of information security incidents;
• Workforce training, education, and awareness on information security incidents and required responses; and
• Facilitation of clear communication of information security incidents with internal, as well as external, stakeholders

Note: These policies were adapted from work by the HIPAA Collaborative of Wisconsin Security Networking Group. Refer to the linked document for additional copyright information.

11.1 Applicable Standards

11.1.1 Applicable Standards from the HITRUST Common Security Framework

• 11.a - Reporting Information Security Events
• 11.c - Responsibilities and Procedures

11.1.2 Applicable Standards from the HIPAA Security Rule

• 164.308(a)(5)(i) - Security Awareness and Training
• 164.308(a)(6) - Security Incident Procedures

11.2 Incident Management Policies

The Sessions incident response process follows the process recommended by SANS, an industry leader in security. Process flows are a direct representation of the SANS process which can be found in this document.

Sessions’ incident response classifies security-related events into the following categories:

• Events - Any observable computer security-related occurrence in a system or network with a negative consequence. Examples:
  • Hardware component failing causing service outages.
  • Software error causing service outages.
  • General network or system instability.
• Precursors - A sign that an incident may occur in the future. Examples:
  • Monitoring system showing unusual behavior.
  • Audit log alerts indicated several failed login attempts.
  • Suspicious emails targeting specific Sessions staff members with administrative access to production systems.
• Indications - A sign that an incident may have occurred or may be occurring at the present time. Examples:
  • IDS alerts for modified system files or unusual system accesses.
  • Antivirus alerts for infected files.
  • Excessive network traffic directed at unexpected geographic locations.
• Incidents - A violation of computer security policies or acceptable use policies, often resulting in data breaches. Examples:
  • Unauthorized disclosure of ePHI.
  • Unauthorized change or destruction of ePHI.
  • A data breach accomplished by an internal or external entity.
  • A Denial-of-Service (DoS) attack causing a critical service to become unreachable.

Sessions employees must report any unauthorized or suspicious activity seen on production systems or associated with related communication systems (such as email or Slack). In practice this means keeping an eye out for security events, and letting the Security Officer know about any observed precursors or indications as soon as they are discovered.

11.2.1 Identification Phase

1. Immediately upon observation Sessions members report suspected and known Events, Precursors, Indications, and Incidents in one of the following ways:
   1. Direct report to management, the Security Officer, Privacy Officer, or other;
   2. Email;
   3. Phone call;
   4. Secure Chat (Slack).
   5. Anonymously through workforce members desired channels.
2. The individual receiving the report facilitates completion of an Incident Identification form and notifies the Security Officer (if not already done).
3. The Security Officer determines if the issue is an Event, Precursor, Indication, or Incident.
   1. If the issue is an event, indication, or precursor the Security Officer forwards it to the appropriate resource for resolution.
   2. Non-Technical Event (minor infringement): the Security Officer completes a SIR Form and investigates the incident.
   3. Technical Event: Assign the issue to an IT resource for resolution. This resource may also be a contractor or outsourced technical resource, in the event of a small office or lack of expertise in the area.
   4. If the issue is a security incident the Security Officer activates the Security Incident Response Team (SIRT) and notifies senior management.
   5. If a non-technical security incident is discovered the SIRT completes the investigation, implements preventative measures, and resolves the security incident.
   6. Once the investigation is completed, progress to Phase V, Follow-up.
   7. If the issue is a technical security incident, commence to Phase II: Containment.
   8. The Containment, Eradication, and Recovery Phases are highly technical. It is important to have them completed by a highly qualified technical security resource with oversight by the SIRT team.
   9. Each individual on the SIRT and the technical security resource document all measures taken during each phase, including the start and end times of all efforts.
   10. The lead member of the SIRT team facilitates initiation of a SIR Form or an Incident Survey Form. The intent of the SIR form is to provide a summary of all events, efforts, and conclusions of each Phase of this policy and procedures.
4. The Security Officer, Privacy Officer, or Sessions representative appointed notifies any affected Customers. If no Customers are affected, notification is at the discretion of the Security and Privacy Officer.
5. In the case of a threat identified, the Security Officer is to form a team to investigate and involve necessary resources, both internal to Sessions and potentially external.

11.2.2 Containment Phase (Technical)

In this Phase, Sessions’ IT department attempts to contain the security incident. It is extremely important to take detailed notes during the security incident response process. This provides that the evidence gathered during the security incident can be used successfully during prosecution, if appropriate.

1. The SIRT reviews any information that has been collected by the Security Officer or any other individual investigating the security incident.
2. The SIRT secures the network perimeter.
3. The IT department performs the following:
   1. Securely connect to the affected system over a trusted connection.
   2. Retrieve any volatile data from the affected system.
   3. Determine the relative integrity and the appropriateness of backing the system up.
   4. If appropriate, back up the system.
   5. Change the password(s) to the affected system(s).
   6. Determine whether it is safe to continue operations with the affected system(s).
   7. If it is safe, allow the system to continue to function;
   8. Complete any documentation relative to the security incident on the SIR Form.
   9. Move to Phase V, Follow-up.
   10. If it is NOT safe to allow the system to continue operations, discontinue the system(s) operation and move to Phase III, Eradication.
   11. The individual completing this phase provides written communication to the SIRT.
4. Continuously apprise Senior Management of progress.
5. Continue to notify affected Customers and Partners with relevant updates as needed

11.2.3 Eradication Phase (Technical)

The Eradication Phase represents the SIRT’s effort to remove the cause, and the resulting security exposures, that are now on the affected system(s).

1. Determine symptoms and cause related to the affected system(s).
2. Strengthen the defenses surrounding the affected system(s), where possible (a risk assessment may be needed and can be determined by the Security Officer). This may include the following:
   1. An increase in network perimeter defenses.
   2. An increase in system monitoring defenses.
   3. Remediation (“fixing”) any security issues within the affected system, such as removing unused services/general host hardening techniques.
3. Conduct a detailed vulnerability assessment to verify all the holes/gaps that can be exploited have been addressed.
   1. If additional issues or symptoms are identified, take appropriate preventative measures to eliminate or minimize potential future compromises.
4. Complete the Eradication Form.
5. Update the documentation with the information learned from the vulnerability assessment, including the cause, symptoms, and the method used to fix the problem with the affected system(s).
6. Apprise Senior Management of the progress.
7. Continue to notify affected Customers and Partners with relevant updates as needed.
8. Move to Phase IV, Recovery.

11.2.4 Recovery Phase (Technical)

The Recovery Phase represents the SIRT’s effort to restore the affected system(s) back to operation after the resulting security exposures, if any, have been corrected.

1. The technical team determines if the affected system(s) have been changed in any way.
   1. If they have, the technical team restores the system to its proper, intended functioning (“last known good”).
   2. Once restored, the team validates that the system functions the way it was intended/had functioned in the past. This may require the involvement of the business unit that owns the affected system(s).
   3. If operation of the system(s) had been interrupted (i.e., the system(s) had been taken offline or dropped from the network while triaged), restart the restored and validated system(s) and monitor for behavior.
   4. If the system had not been changed in any way, but was taken offline (i.e., operations had been interrupted), restart the system and monitor for proper behavior.
   5. Update the documentation with the detail that was determined during this phase.
   6. Apprise Senior Management of progress.
   7. Continue to notify affected Customers and Partners with relevant updates as needed.
   8. Move to Phase V, Follow-up.

11.2.5 Follow-up Phase (Technical and Non-Technical)

The Follow-up Phase represents the review of the security incident to look for “lessons learned” and to determine whether the process that was taken could have been improved in any way. It is recommended all security incidents be reviewed shortly after resolution to determine where response could be improved. Timeframes may extend to one to two weeks post-incident.

1. Responders to the security incident (SIRT Team and technical security resource) meet to review the documentation collected during the security incident.
2. Create a “lessons learned” document and attach it to the completed SIR Form.
   1. Evaluate the cost and impact of the security incident to Sessions using the documents provided by the SIRT and the technical security resource.
   2. Determine what could be improved.
   3. Communicate these findings to Senior Management for approval and for implementation of any recommendations made post-review of the security incident.
   4. Carry out recommendations approved by Senior Management; sufficient budget, time and resources should be committed to this activity.
   5. Close the security incident.

11.2.6 Periodic Evaluation

It is important to note that the processes surrounding security incident response should be periodically reviewed and evaluated for effectiveness. This also involves appropriate training of resources expected to respond to security incidents, as well as the training of the general population regarding the Sessions’ expectation for them, relative to security responsibilities. The incident response plan is tested annually.

11.3 Security Incident Response Team (SIRT)

Current members of the Sessions SIRT:

• Security Officer
• Privacy Officer

12. Breach Policy

Breach notification will be carried out in compliance with the American Recovery and Reinvestment Act (ARRA)/Health Information Technology for Economic and Clinical Health Act (HITECH) as well as any other federal or state notification law.

The Federal Trade Commission (FTC) has published breach notification rules for vendors of personal health records as required by ARRA/HITECH. The FTC rule applies to entities not covered by HIPAA, primarily vendors of personal health records. The rule is effective September 24, 2009 with full compliance required by February 22, 2010.

The American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law on February 17, 2009. Title XIII of ARRA is the Health Information Technology for Economic and Clinical Health Act (HITECH). HITECH significantly impacts the Health Insurance Portability and Accountability (HIPAA) Privacy and Security Rules. While HIPAA did not require notification when patient protected health information (PHI) was inappropriately disclosed, covered entities and business associates may have chosen to include notification as part of the mitigation process. HITECH does require notification of certain breaches of unsecured PHI to the following: individuals, Department of Health and Human Services (HHS), and the media. The effective implementation for this provision is September 23, 2009 (pending publication HHS regulations).

In the case of a breach, Sessions shall notify all affected Customers. It is the responsibility of the Customers to notify affected individuals.

12.1 Applicable Standards

12.1.1 Applicable Standards from the HITRUST Common Security Framework

• 11.a Reporting Information Security Events
• 11.c Responsibilities and Procedures

12.1.2 Applicable Standards from the HIPAA Security Rule

• Security Incident Procedures - 164.308(a)(6)(i)
• HITECH Notification in the Case of Breach - 13402(a) and 13402(b)
• HITECH Timeliness of Notification - 13402(d)(1)
• HITECH Content of Notification - 13402(f)(1)

12.2 Sessions Breach Policy

1. Discovery of Breach: A breach of ePHI shall be treated as “discovered” as of the first day on which such breach is known to the organization, or, by exercising reasonable diligence would have been known to Sessions (includes breaches by the organization’s Customers, Partners, or subcontractors). Sessions shall be deemed to have knowledge of a breach if such breach is known or by exercising reasonable diligence would have been known, to any person, other than the person committing the breach, who is a workforce member or Partner of the organization. Following the discovery of a potential breach, the organization shall begin an investigation (see organizational policies for security incident response and/or risk management incident response) immediately, conduct a risk assessment, and based on the results of the risk assessment, begin the process to notify each Customer affected by the breach. Sessions shall also begin the process of determining what external notifications are required or should be made (e.g., Secretary of Department of Health & Human Services (HHS), media outlets, law enforcement officials, etc.)
2. Breach Investigation: The Sessions Security Officer shall name an individual to act as the investigator of the breach (e.g., privacy officer, security officer, risk manager, etc.). The investigator shall be responsible for the management of the breach investigation, completion of a risk assessment, and coordinating with others in the organization as appropriate (e.g., administration, security incident response team, human resources, risk management, public relations, legal counsel, etc.) The investigator shall be the key facilitator for all breach notification processes to the appropriate entities (e.g., HHS, media, law enforcement officials, etc.). All documentation related to the breach investigation, including the risk assessment, shall be retained for a minimum of six years. A template breach log is located here.
3. Risk Assessment: For an acquisition, access, use or disclosure of ePHI to constitute a breach, it must constitute a violation of the HIPAA Privacy Rule. A use or disclosure of ePHI that is incident to an otherwise permissible use or disclosure and occurs despite reasonable safeguards and proper minimum necessary procedures would not be a violation of the Privacy Rule and would not qualify as a potential breach. To determine if an impermissible use or disclosure of ePHI constitutes a breach and requires further notification, the organization will need to perform a risk assessment to determine if there is significant risk of harm to the individual as a result of the impermissible use or disclosure. The organization shall document the risk assessment as part of the investigation in the incident report form noting the outcome of the risk assessment process. The organization has the burden of proof for demonstrating that all notifications to appropriate Customers or that the use or disclosure did not constitute a breach. Based on the outcome of the risk assessment, the organization will determine the need to move forward with breach notification. The risk assessment and the supporting documentation shall be fact specific and address:
   • Consideration of who impermissibly used or to whom the information was impermissibly disclosed;
   • The type and amount of ePHI involved;
   • The cause of the breach, and the entity responsible for the breach, either Customer, Sessions, or Partner.
   • The potential for significant risk of financial, reputational, or other harm.
4. Timeliness of Notification: Upon discovery of a breach, notice shall be made to the affected Sessions Customers no later than 4 hours after the discovery of the breach. It is the responsibility of the organization to demonstrate that all notifications were made as required, including evidence demonstrating the necessity of delay.
5. Delay of Notification Authorized for Law Enforcement Purposes: If a law enforcement official states to the organization that a notification, notice, or posting would impede a criminal investigation or cause damage to national security, the organization shall:
   • If the statement is in writing and specifies the time for which a delay is required, delay such notification, notice, or posting of the timer period specified by the official; or
   • If the statement is made orally, document the statement, including the identity of the official making the statement, and delay the notification, notice, or posting temporarily and no longer than 30 days from the date of the oral statement, unless a written statement as described above is submitted during that time.
6. Content of the Notice: The notice shall be written in plain language and must contain the following information:
   • A brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known;
   • A description of the types of unsecured protected health information that were involved in the breach (such as whether full name, Social Security number, date of birth, home address, account number, diagnosis, disability code or other types of information were involved), if known;
   • Any steps the Customer should take to protect Customer data from potential harm resulting from the breach.
   • A brief description of what Sessions is doing to investigate the breach, to mitigate harm to individuals and Customers, and to protect against further breaches.
   • Contact procedures for individuals to ask questions or learn additional information, which may include a toll-free telephone number, an e-mail address, a web site, or postal address.
7. Methods of Notification: Sessions Customers will be notified via email and phone within the timeframe for reporting breaches, as outlined above.
8. Maintenance of Breach Information/Log: As described above and in addition to the reports created for each incident, Sessions shall maintain a process to record or log all breaches of unsecured ePHI regardless of the number of records and Customers affected. The following information should be collected/logged for each breach (see sample Breach Notification Log):
   • A description of what happened, including the date of the breach, the date of the discovery of the breach, and the number of records and Customers affected, if known.
   • A description of the types of unsecured protected health information that were involved in the breach (such as full name, Social Security number, date of birth, home address, account number, etc.), if known.
   • A description of the action taken with regard to notification of patients regarding the breach.
   • Resolution steps taken to mitigate the breach and prevent future occurrences.
9. Workforce Training: Sessions shall train all members of its workforce on the policies and procedures with respect to ePHI as necessary and appropriate for the members to carry out their job responsibilities. Workforce members shall also be trained as to how to identify and report breaches within the organization.
10. Complaints: Sessions must provide a process for individuals to make complaints concerning the organization’s patient privacy policies and procedures or its compliance with such policies and procedures.
11. Sanctions: The organization shall have in place and apply appropriate sanctions against members of its workforce, Customers, and Partners who fail to comply with privacy policies and procedures.
12. Retaliation/Waiver: Sessions may not intimidate, threaten, coerce, discriminate against, or take other retaliatory action against any individual for the exercise by the individual of any privacy right. The organization may not require individuals to waive their privacy rights under as a condition of the provision of treatment, payment, enrollment in a health plan, or eligibility for benefits.

12.3 Sessions Platform Customer Responsibilities

1. The Sessions Customer that accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses, or discloses unsecured ePHI shall, without unreasonable delay and in no case later than 60 calendar days after discovery of a breach, notify Sessions of such breach. The Customer shall provide Sessions with the following information:
   • A description of what happened, including the date of the breach, the date of the discovery of the breach, and the number of records and Customers affected, if known.
   • A description of the types of unsecured protected health information that were involved in the breach (such as full name, Social Security number, date of birth, home address, account number, etc.), if known.
   • A description of the action taken with regard to notification of patients regarding the breach.
   • Resolution steps taken to mitigate the breach and prevent future occurrences.
2. Notice to Media: Sessions Customers are responsible for providing notice to prominent media outlets at the Customer’s discretion.
3. Notice to Secretary of HHS: Sessions Customers are responsible for providing notice to the Secretary of HHS at the Customer’s discretion.

12.4 Sample Letter to Customers in Case of Breach

[Date]

[Name] [Name of Customer] [Address 1] [Address 2] [City, State Zip Code]

Dear [Name of Customer]:

I am writing to you from Sessions, Inc., with important information about a recent breach that affects your account with us. We became aware of this breach on [Insert Date] which occurred on or about [Insert Date]. The breach occurred as follows:

Describe event and include the following information:

• A brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known.
• A description of the types of unsecured protected health information that were involved in the breach (such as whether full name, Social Security number, date of birth, home address, account number, diagnosis, disability code or other types of information were involved), if known.
• Any steps the Customer should take to protect themselves from potential harm resulting from the breach.
• A brief description of what Sessions is doing to investigate the breach, to mitigate harm to individuals, and to protect against further breaches.
• Contact procedures for individuals to ask questions or learn additional information, which includes a toll-free telephone number, an e-mail address, web site, or postal address.

Other Optional Considerations:

• Recommendations to assist customer in remedying the breach.

We will assist you in remedying the situation.

Sincerely,

Daniel Root Co-founder - Sessions, Inc. dan@sessionshealth.com

13. Disaster Recovery Policy

The Sessions Contingency Plan establishes procedures to recover Sessions following a disruption resulting from a disaster. This Disaster Recovery Policy is maintained by the Sessions Security Officer and Privacy Officer.

The following objectives have been established for this plan:

1. Maximize the effectiveness of contingency operations through an established plan that consists of the following phases:
   • Notification/Activation phase to detect and assess damage and to activate the plan;
   • Recovery phase to restore temporary IT operations and recover damage done to the original system;
   • Reconstitution phase to restore IT system processing capabilities to normal operations.
2. Identify the activities, resources, and procedures needed to carry out Sessions processing requirements during prolonged interruptions to normal operations.
3. Identify and define the impact of interruptions to Sessions systems.
4. Assign responsibilities to designated personnel and provide guidance for recovering Sessions during prolonged periods of interruption to normal operations.
5. Ensure coordination with other Sessions staff who will participate in the contingency planning strategies.
6. Ensure coordination with external points of contact and vendors who will participate in the contingency planning strategies.

This Sessions Contingency Plan has been developed as required under the Office of Management and Budget (OMB) Circular A-130, Management of Federal Information Resources, Appendix III, November 2000, and the Health Insurance Portability and Accountability Act (HIPAA) Final Security Rule, Section §164.308(a)(7), which requires the establishment and implementation of procedures for responding to events that damage systems containing electronic protected health information.

This Sessions Contingency Plan is created under the legislative requirements set forth in the Federal Information Security Management Act (FISMA) of 2002 and the guidelines established by the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-34, titled “Contingency Planning Guide for Information Technology Systems” dated June 2002.

The Sessions Contingency Plan also complies with the following federal and departmental policies:

• The Computer Security Act of 1987;
• OMB Circular A-130, Management of Federal Information Resources, Appendix III, November 2000;
• Federal Preparedness Circular (FPC) 65, Federal Executive Branch Continuity of Operations, July 1999;
• Presidential Decision Directive (PDD) 67, Enduring Constitutional Government and Continuity of Government Operations, October 1998;
• PDD 63, Critical Infrastructure Protection, May 1998;
• Federal Emergency Management Agency (FEMA), The Federal Response Plan (FRP), April 1999;
• Defense Authorization Act (Public Law 106-398), Title X, Subtitle G, “Government Information Security Reform,” October 30, 2000

Example of the types of disasters that would initiate this plan are natural disaster, political disturbances, man made disaster, external human threats, internal malicious activities.

Sessions defined two categories of systems from a disaster recovery perspective.

1. Critical Systems. These systems host application servers and database servers or are required for functioning of systems that host application servers and database servers. These systems, if unavailable, affect the integrity of data and must be restored, or have a process begun to restore them, immediately upon becoming unavailable.
2. Non-critical Systems. These are all systems not considered critical by definition above. These systems, while they may affect the performance and overall security of critical systems, do not prevent Critical systems from functioning and being accessed appropriately. These systems are restored at a lower priority than critical systems.

13.1 Applicable Standards

13.1.1 Applicable Standards from the HITRUST Common Security Framework

• 12.c - Developing and Implementing Continuity Plans Including Information Security

13.1.2 Applicable Standards from the HIPAA Security Rule

• 164.308(a)(7)(i) - Contingency Plan

13.2 Line of Succession

The following order of succession to ensure that decision-making authority for the Sessions Contingency Plan is uninterrupted. The Chief Technology Officer (CTO) is responsible for ensuring the safety of personnel and the execution of procedures documented within this Sessions Contingency Plan. If the CTO is unable to function as the overall authority or chooses to delegate this responsibility to a successor, the CEO or COO shall function as that authority. To provide contact initiation should the contingency plan need to be initiated, please use the contact list below.

• Dan Root, CTO: dan@sessionshealth.com
• Bryon Wicklund, CEO: bryon@sessionshealth.com

13.3 Responsibilities

The following teams have been developed and trained to respond to a contingency event affecting the IT system.

1. The Ops Team is responsible for recovery of the Sessions hosted environment, network devices, and all servers. Members of the team include personnel who are also responsible for the daily operations and maintenance of Sessions. The team leader is the CTO and directs the Dev Ops Team.
2. The Web Services Team is responsible for assuring all application servers and services are working. It is also responsible for testing redeployments and assessing damage to the environment. The team leader is the CTO and directs the Web Services Team.

Members of the Ops and Web Services teams must maintain local copies of the contact information from §13.2. Additionally, the CTO must maintain a local copy of this policy in the event Internet access is not available during a disaster scenario.

13.4 Testing and Maintenance

The CTO shall establish criteria for validation/testing of a Contingency Plan, an annual test schedule, and ensure implementation of the test. This process will also serve as training for personnel involved in the plan’s execution. At a minimum the Contingency Plan shall be tested annually (within 365 days). The types of validation/testing exercises include tabletop and technical testing. Contingency Plans for all application systems must be tested at a minimum using the tabletop testing process. However, if the application system Contingency Plan is included in the technical testing of their respective support systems that technical test will satisfy the annual requirement.

13.4.1 Tabletop Testing

Tabletop Testing is conducted in accordance with the the CMS Risk Management Handbook, Volume 2. The primary objective of the tabletop test is to ensure designated personnel are knowledgeable and capable of performing the notification/activation requirements and procedures as outlined in the CP, in a timely manner. The exercises include, but are not limited to:

• Testing to validate the ability to respond to a crisis in a coordinated, timely, and effective manner, by simulating the occurrence of a specific crisis.

13.4.2 Technical Testing

The primary objective of the technical test is to ensure the communication processes and data storage and recovery processes can function at an alternate site to perform the functions and capabilities of the system within the designated requirements. Technical testing shall include, but is not limited to:

• Process from backup system at the alternate site;
• Restore system using backups; and
• Switch compute and storage resources to alternate processing site.

13.5 Disaster Recovery Procedures

13.5.1 Notification and Activation Phase

This phase addresses the initial actions taken to detect and assess damage inflicted by a disruption to Sessions. Based on the assessment of the Event, sometimes according to the Sessions Incident Response Policy, the Contingency Plan may be activated by either the CTO or CEO.

The notification sequence is listed below:

• The first responder is to notify the CTO. All known information must be relayed to the CTO.
• The CTO is to contact the Web Services Team and inform them of the event. The CTO is to to begin assessment procedures.
• The CTO is to notify team members and direct them to complete the assessment procedures outlined below to determine the extent of damage and estimated recovery time. If damage assessment cannot be performed locally because of unsafe conditions, the CTO is to following the steps below.
  • Damage Assessment Procedures:
  • The CTO is to logically assess damage, gain insight into whether the infrastructure is salvageable, and begin to formulate a plan for recovery.
  • Alternate Assessment Procedures:
  • Upon notification, the CTO is to follow the procedures for damage assessment with combined Dev Ops and Web Services Teams.
• The Sessions Contingency Plan is to be activated if one or more of the following criteria are met:
  • Sessions will be unavailable for more than 48 hours.
  • Hosting facility is damaged and will be unavailable for more than 24 hours.
  • Other criteria, as appropriate and as defined by Sessions.
  • If the plan is to be activated, the CTO is to notify and inform team members of the details of the event and if relocation is required.
  • Upon notification from the CTO, group leaders and managers are to notify their respective teams. Team members are to be informed of all applicable information and prepared to respond and relocate if necessary.
  • The CTO is to notify the hosting facility partners that a contingency event has been declared and to ship the necessary materials (as determined by damage assessment) to the alternate site.
  • The CTO is to notify remaining personnel and executive leadership on the general status of the incident.
  • Notification can be message, email, or phone.

13.5.2 Recovery Phase

This section provides procedures for recovering the application at an alternate site, whereas other efforts are directed to repair damage to the original system and capabilities.

The following procedures are for recovering the Sessions infrastructure at the alternate site. Procedures are outlined per team required. Each procedure should be executed in the sequence it is presented to maintain efficient operations.

Recovery Goal: The goal is to rebuild Sessions infrastructure to a production state.

The tasks outlines below are not sequential and some can be run in parallel.

1. Contact Partners and Customers affected - Web Services
2. Assess damage to the environment - Web Services
3. Begin replication of new environment. - Dev Ops
4. Test new environment using pre-written tests - Web Services
5. Test logging, security, and alerting functionality - Dev Ops
6. Assure systems are appropriately patched and up to date. - Dev Ops
7. Deploy environment to production - Web Services
8. Update DNS to new environment. - Dev Ops

13.5.3 Reconstitution Phase

This section discusses activities necessary for restoring Sessions operations at the original or new site. The goal is to restore full operations within 24 hours of a disaster or outage. When the hosted data center at the original or new site has been restored, Sessions operations at the alternate site may be transitioned back. The goal is to provide a seamless transition of operations from the alternate site to the computer center.

1. Original or New Site Restoration
   • Begin replication of new environment. - Dev Ops
   • Test new environment using pre-written tests. - Web Services
   • Test logging, security, and alerting functionality. - Dev Ops
   • Deploy environment to production - Web Services
   • Assure systems are appropriately patched and up to date. - Dev Ops
   • Update DNS to new environment. - Dev Ops
2. Plan Deactivation
   • If the Sessions environment is moved back to the original site from the alternative site, all hardware used at the alternate site should be handled and disposed of according to the Sessions Media Disposal Policy.

14. Disposable Media Policy

Sessions recognizes that media containing ePHI may be reused when appropriate steps are taken to ensure that all stored ePHI has been effectively rendered inaccessible. Destruction/disposal of ePHI shall be carried out in accordance with federal and state law. The schedule for destruction/disposal shall be suspended for ePHI involved in any open investigation, audit, or litigation.

Sessions utilizes dedicated hardware from Subcontractors. ePHI is only stored on SSD volumes in our hosted environment. All SSD volumes utilized by Sessions are encrypted at rest. Sessions does not use, own, or manage any mobile devices, SD cards, or tapes that have access to ePHI.

14.1 Applicable Standards

14.1.1 Applicable Standards from the HITRUST Common Security Framework

• 0.9o - Management of Removable Media

14.1.2 Applicable Standards from the HIPAA Security Rule

• 164.310(d)(1) - Device and Media Controls

14.2 Disposable Media Policy

1. All removable media is restricted, audited, and is encrypted.
2. Sessions assumes all disposable media in its platform may contain ePHI, so it treats all disposable media with the same protections and disposal policies.
3. All destruction/disposal of ePHI media will be done in accordance with federal and state laws and regulations and pursuant to the Sessions’s written retention policy/schedule. Records that have satisfied the period of retention will be destroyed/disposed of in an appropriate manner.
4. Records involved in any open investigation, audit or litigation should not be destroyed/disposed of. If notification is received that any of the above situations have occurred or there is the potential for such, the record retention schedule shall be suspended for these records until such time as the situation has been resolved. If the records have been requested in the course of a judicial or administrative hearing, a qualified protective order will be obtained to ensure that the records are returned to the organization or properly destroyed/disposed of by the requesting party.
5. Before reuse of any media, for example all ePHI is rendered inaccessible, cleaned, or scrubbed. All media is formatted to restrict future access.
6. All Sessions Subcontractors provide that, upon termination of the contract, they will return or destroy/dispose of all patient health information. In cases where the return or destruction/disposal is not feasible, the contract limits the use and disclosure of the information to the purposes that prevent its return or destruction/disposal.
7. Any media containing ePHI is disposed using a method that ensures the ePHI could not be readily recovered or reconstructed.
8. The methods of destruction, disposal, and reuse are reassessed periodically, based on current technology, accepted practices, and availability of timely and cost-effective destruction, disposal, and reuse technologies and services.
9. In the cases of a Sessions Customer terminating a contract with Sessions and no longer utilize Sessions’ services, the following actions will be taken depending on the Sessions services in use. In all cases it is solely the responsibility of the Sessions Customer to maintain the safeguards required of HIPAA once the data is transmitted out of Sessions’ systems.
   • Sessions will provide the customer with the ability to export data. The data will be in the following format:
   • A ZIP file downloaded from the Sessions application server, will be made available for 30 days from the time of termination.
   • Within the ZIP file will be a data file in a commonly used format, currently JSON.
   • All documents uploaded will be within the ZIP file, in a folder structure that adheres to the relationship with the patient.

15. IDS Policy

In order to preserve the integrity of data that Sessions stores, processes, or transmits for Customers, Sessions utilizes Heatlhcare Block’s intrusion detection system.

15.1 Applicable Standards

15.1.1 Applicable Standards from the HITRUST Common Security Framework

• 09.ab - Monitoring System Use
• 06.e - Prevention of Misuse of Information
• 10.h - Control of Operational Software

15.1.2 Applicable Standards from the HIPAA Security Rule

• 164.312(b) - Audit Controls

15.2 Intrusion Detection Policy

1. OSSEC is used to monitor and correlate log data from different systems on an ongoing basis. Reports generated by OSSEC are reviewed by the Security Officer on a monthly basis.
2. OSSEC generates alerts to analyze and investigate suspicious activity or suspected violations.
3. OSSEC monitors file system integrity and sends real time alerts when suspicious changes are made to the file system.
4. Automatic monitoring is done to identify patterns that might signify the lack of availability of certain services and systems (DoS attacks).
5. Healthcare Blocks firewalls monitor all incoming traffic to detect potential denial of service attacks. Suspected attack sources are blocked automatically. Additionally, monitors are in place within Healthcare Blocks to detect denial of services attacks. For more information, go to the Healthcare Blocks website.

16. Vulnerability Scanning Policy

Sessions and its hosting provider, Healthcare Blocks, is proactive about information security and understands that vulnerabilities need to be monitored on an ongoing basis. Healthcare Blocks will consistently scan, identify, and address vulnerabilities on its systems that Sessions utilizes, including utilizing OSSEC on all of its systems, including logs, for file integrity checking and intrusion detection. Sessions will be proactive around application-level vulnerabilities for detecting application-level security vulnerabilities.

16.1 Applicable Standards

16.1.1 Applicable Standards from the HITRUST Common Security Framework

• 10.m - Control of Technical Vulnerabilities

16.1.2 Applicable Standards from the HIPAA Security Rule

• 164.308(a)(8) - Evaluation

16.2 Vulnerability Scanning Policy

• All internal systems and infrastructure vulnerabilities are constantly scanned for by Sessions hosting provider, Healthcare Blocks.
  • For more information on specifics, please visit the Healthcare Blocks Security Configuration and Practices page.
• For Sessions application-related vulnerabilities:
  1. Brakeman, a Rails-specific vulnerability scanner, is integrated into every test build and is required to pass prior to any code being pushed to production.
  2. If a new vulnerability was detected:
     1. The Security Officer will initiate a review the vulnerability report to investigate next steps.
     2. If the vulnerability is part of the current risk assessment, it will be checked for mitigations.
     3. If the vulnerability is not part of the current risk assessment, it will trigger a new risk assessment which is outlined in the Sessions Risk Assessment Policy.
     4. The vulnerability scan report will be attached to the pull request, which will be retained for at least 6 years.
     5. The pull request will need to be signed off by the Security Officer in order to be deployed to its production systems, or the vulnerability will need to be fixed prior to deployment.
  3. Dependabot, which is an automated dependency checker, is run weekly to trigger updates to any dependencies that may have become out of date.
  4. A pull request is automatically opened when a dependency update is identified.
  5. Latest buildpacks are used on every deployment to ensure any found vulnerabilities (ie, such as a Ruby or Node vulnerability) has the latest patches applied.

17. Data Integrity Policy

Sessions takes data integrity very seriously. As stewards and partners of Sessions Customers, we strive to assure data is protected from unauthorized access and that it is available when needed. The following policies drive many of our procedures and technical settings in support of the Sessions mission of data protection.

Production systems that create, receive, store, or transmit Customer data (hereafter “Production Systems”) must follow the guidelines described in this section.

17.1 Applicable Standards

17.1.1 Applicable Standards from the HITRUST Common Security Framework

• 10.b - Input Data Validation

17.1.2 Applicable Standards from the HIPAA Security Rule

• 164.308(a)(8) - Evaluation

17.2 Disabling Non-Essential Services

1. All Production Systems must disable services that are not required to achieve the business purpose or function of the system.

17.3 Monitoring Log-in Attempts

1. All access to Production Systems must be logged. This is done following the Sessions Auditing Policy.

17.4 Intrusion Detection and Vulnerability Scanning

Sessions partners with Healthcare Blocks for their Production Systems. Healthcare Blocks virtual servers include a Trend Micro OSSEC agent, which is responsible for intrusion detection, file integrity monitoring, log monitoring, rootcheck, and process monitoring. The agent communicates with an OSSEC server, whose configuration and rulesets are managed by the Healthcare Blocks DevOps team. Every 12 hours, OSSEC scans the filesystem of each virtual machine for malware, rootkits, and changes to executable and configuration files. OSSEC generates alerts for intrusion attempts and system issues - these are distributed to the Healthcare Blocks DevOps team via an internal communication platform. In addition, OSSEC activity is logged and permanently stored in a high-availability relational database that is also backed up nightly as required in §8.6.

Intrusion attempts are immediately blocked. Tampering with authentication mechanisms results in the blacklisting of the associated IP address. Customers can add their IP address to a whitelist to avoid accidental blocking.

Healthcare Blocks servers also include Cisco’s ClamAV product to scan machines for malware and viruses every 24 hours. New signatures are updated daily. Any positive results alert our DevOps team for same-day remeditation, coordinating with Sessions, if the problem is present in deployed code.

17.5 Patch Management

1. Software patches and updates will be applied to all systems in a timely manner. In the case of routine updates, they will be applied after thorough testing. In the case of updates to correct known vulnerabilities, priority will be given to testing to speed the time to production. Critical security patches are applied within 30 days from testing and all security patches are applied within 90 days after testing.
2. Administrators subscribe to automated tooling and workflows to assure application software is up to date.

17.6 Production System Security

1. System, network, and server security is managed and maintained by Healthcare Blocks.
2. Application security is managed and maintained by the Security Officer.
3. Access to Production Systems is controlled using centralized tools and two-factor authentication.

17.7 Production Data Security

1. Reduce the risk of compromise of Production Data.
2. Implement and/or review controls designed to protect Production Data from improper alteration or destruction.
3. Ensure that confidential data is stored in a manner that supports user access logs and automated monitoring for potential security incidents.
4. Ensure Sessions Customer Production Data is only accessible to Customer authorized to access data.
5. Per NIST cryptographic standards, storage volumes within Healthcare Blocks, Sessions’ hosting provider, automatically encrypt data at rest using full volume encryption and 256-bit AES encryption keys using Amazon Web Services EBS encryption backed by a FIPS 140-2 key management infrastructure. Storage volume snapshots are also encrypted at rest.
6. Volume encryption keys and machines that generate volume encryption keys are protected from unauthorized access. Volume encryption key material is protected with access controls such that the key material is only accessible by privileged accounts.

17.8 Transmission Security

1. All data transmission is encrypted end to end using encryption keys managed by Sessions. Encryption is not terminated at the network end point, and is carried through to the application.
2. All data transmission within the Healthcare Blocks hosts use TLS certificates to encrypt data in transit. In addition, the default Web server configuration (e.g. Nginx) uses strong TLS ciphers, which are periodically assessed for vulnerabilities using third-party tools.
3. Transmission encryption keys and machines that generate keys are protected from unauthorized access. Transmission encryption key material is protected with access controls such that the key material is only accessible by privileged accounts.
4. In the case of Sessions provided APIs, Sessions executes mechanisms to assure person sending or receiving data is authorized to send and save data.
5. System logs of all transmissions of Production Data access. These logs must be available for audit.

18. Data Retention Policy

Despite not being a requirement within HIPAA, Sessions understands and appreciates the importance of health data retention.

18.1 State Medical Record Laws

• Listing of state requirements for medical record retention

18.2 Data Retention Policy

• Current Sessions Customers have data stored within the Sessions platform and database services.
• Once a Customer ceases to be a Customer, as defined below, the following steps are taken:
  1. Customer is sent a notice via email of change of standing, and given the option to reinstate account.
  2. If no response to notice in #1 above within 7 days, or if Customer responds they do not want to reinstate account, Customer is sent directions for how to download their data from Sessions and/or to have Sessions continue to store the data at a rate of $25/month for up to 100GB. If there is more than 100GB of data, Sessions will work with Customer to determine storage costs.
  3. If Customer downloads data or does not respond to notices from Sessions within 30 days, Sessions will remove the data from Sessions systems.

19. Employees Policy

Sessions is committed to ensuring all workforce members actively address security and compliance in their roles at Sessions. As such, training is imperative to assuring an understanding of current best practices, the different types and sensitivities of data, and the sanctions associated with non-compliance.

19.1 Applicable Standards

19.1.1 Applicable Standards from the HITRUST Common Security Framework

• 02.e - Information Security Awareness, Education, and Training
• 06.e - Prevention of Misuse of Information Assets
• 07.c - Acceptable Use of Assets
• 09.j - Controls Against Malicious Code
• 01.y - Teleworking

19.1.2 Applicable Standards from the HIPAA Security Rule

• 164.308(a)(5)(i) - Security Awareness and Training

19.2 Employment Policies

1. All new workforce members, including contractors, are given training on security policies and procedures, including operations security, within 30 days of employment.
   • Records of training are kept for all workforce members.
   • Employees must complete this training before accessing production systems containing ePHI.
2. All workforce members are granted access to formal organizational policies, which include the sanction policy for security violations.
3. Sessions does not permit mobile devices to connect to any of its production networks.
4. All workforce members are educated about the approved set of tools to be installed on workstations.
5. All new workforce members are given HIPAA training within 30 days of beginning employment. Training includes HIPAA reporting requirements, including the ability to anonymously report security incidents, and the levels of compliance and obligations for Sessions and its Customers and Partners.
6. All remote workforce members are trained on the risks, the controls implemented, their responsibilities, and sanctions associated with violation of policies. Additionally, remote security is maintained through the use of VPN tunnels or SSH for all access to production systems with access to ePHI data.
7. Employees may only use workstations that adhere to the configurations as prescribed in §7.8.
   • Any workstations used to access production systems must have virus protection software installed, configured, and enabled.
   • Sessions may monitor access and activities of all users on Sessions-provided workstations and production systems in order to meet auditing policy requirements (§8).
8. Access to internal Sessions systems can be requested using the procedures outlined in §7.2. All requests for access must be reviewed and approved by the Sessions Security Officer.
9. Request for modifications of access for any Sessions employee can be made using the procedures outlined in §7.2.
10. Sessions employees are strictly forbidden from downloading any ePHI to their workstations.
    • Restricting transfers of ePHI is enforced through technical controls as described in §7.13.
    • Employees found to be in violation of this policy will be subject to sanctions as described in §5.3.3.
11. Employees are required to cooperate with federal and state investigations.
    • Employees must not interfere with investigations through willful misrepresentation, omission of facts, or by the use of threats against any person.
    • Employees found to be in violation of this policy will be subject to sanctions as described in §5.3.3.

19.3 Issue Escalation

Sessions workforce members are to escalate issues either to the CTO or CEO.

Security incidents, particularly those involving ePHI, are handled using the process described in §11.2. If the incident involves a breach of ePHI, the Security Officer will manage the incident using the process described in §12.2. Refer to §11.2 for a list of sample items that can trigger Sessions’s incident response procedures; if you are unsure whether the issue is a security incident, contact the Security Officer immediately.

It is the duty of that owner to follow the process outlined below:

1. Create an Issue in the Notion Compliance Review Activity (CRA) Project.
2. The Issue is investigated, documented, and, when a conclusion or remediation is reached, it is moved to Review.
3. The Issue is reviewed by another member of the Escalation Team. If the Issue is rejected, it goes back for further evaluation and review.
4. If the Issue is approved, it is marked as Done, adding any pertinent notes required.
5. The workforce member that initiated the process is notified of the outcome via email.

20. Approved Tools Policy

Sessions utilizes a suite of approved software tools for internal use by workforce members. These software tools are either self-hosted, with security managed by Sessions, or they are hosted by a Subcontractor with appropriate business associate agreements in place to preserve data integrity. Use of other tools requires approval from Sessions leadership.

20.1 List of Approved Tools

• GitHub. Github is used for storage respository for all code.
• Slack. Slack is used to share files and communicate internally.
• Google Apps. Google Apps is used for email and document collaboration.
• Notion. Notion is used for project management and collaboration.

21. 3rd Party Policy

Sessions makes every effort to assure all 3rd party organizations are compliant and do not compromise the integrity, security, and privacy of Sessions or Sessions Customer data. 3rd Parties include Customers, Partners, Subcontractors, and Contracted Developers.

21.1 Applicable Standards

21.1.1 Applicable Standards from the HITRUST Common Security Framework

• 05.i - Identification of Risks Related to External Parties
• 05.k - Addressing Security in Third Party Agreements
• 09.e - Service Delivery
• 09.f - Monitoring and Review of Third Party Services
• 09.g - Managing Changes to Third Party Services
• 10.1 - Outsourced Software Development

21.1.2 Applicable Standards from the HIPAA Security Rule

• 164.314(a)(1)(i) - Business Associate Contracts or Other Arrangements

21.2 Policies to Assure 3rd Parties Support Sessions Compliance

1. Sessions does not allow 3rd party access to production systems containing ePHI without a formal BAA in place.
2. All connections and data in transit between the Sessions Platform and 3rd parties are encrypted end to end.
3. A standard business associate agreement with Customers and Partners is defined and includes the required security controls in accordance with the organization’s security policies. Additionally, responsibility is assigned in these agreements.
4. Sessions has Service Level Agreements (SLAs) with Subcontractors with an agreed service arrangement addressing liability, service definitions, security controls, and aspects of services management.
   • Subcontractors must coordinate, manage, and communicate any changes to services provided to Sessions.
   • Changes to 3rd party services are classified as configuration management changes and thus are subject to the policies and procedures described in §9; substantial changes to services provided by 3rd parties will invoke a Risk Assessment as described in §4.2.
   • Sessions utilizes monitoring tools to regularly evaluate Subcontractors against relevant SLAs.
5. No Sessions Customers or Partners have access outside of their own environment, meaning they cannot access, modify, or delete anything related to other 3rd parties.
6. Sessions maintains and annually reviews a list of all current Partners and Subcontractors.
   • The list of current Partners and Subcontractors is maintained by the Sessions Privacy Officer, includes details on all provided services (along with contact information), and is recorded in §1.4.
   • The annual review of Partners and Subcontractors is conducted as a part of the security, compliance, and SLA review referenced below.
7. Sessions assesses security, compliance, and SLA requirements and considerations with all Partners and Subcontractors. This includes annual assessment of SOC2 Reports for all Sessions infrastructure partners.
   • Sessions leverages recurring calendar invites to assure reviews of all 3rd party services are performed annually. These reviews are performed by the Sessions Security Officer and Privacy Officer. The process for reviewing 3rd party services is outlined below:
   • The Security Officer initiates the SLA review by creating an Issue in the Notion Compliance Review Activity (CRA) Project.
   • The Security Officer, or Privacy Officer, is assigned to review the SLA and performance of 3rd parties. The list of current 3rd parties, including contact information, is also reviewed to assure it is up to date and complete.
   • SLA, security, and compliance performance is documented in the Issue.
   • Once the review is completed and documented, the Security Officer approves or rejects the Issue. If the Issue is rejected, it goes back for further review and documentation.
8. Regular review is conducted as required by SLAs to assure security and compliance. These reviews include reports, audit trails, security events, operational issues, failures and disruptions, and identified issues are investigated and resolved in a reasonable and timely manner.
9. Any changes to Partner and Subcontractor services and systems are reviewed before implementation.
10. For all partners, Sessions reviews activity annually to assure partners are in line with SLAs in contracts with Sessions.
11. SLA review is monitored on a quarterly basis using Google Doc reporting to assess compliance with above policy.

22. Key Definitions

• Audit: Internal process of reviewing information system access and activity (e.g., log-ins, file accesses, and security incidents). An audit may be done as a periodic event, as a result of a patient complaint, or suspicion of employee wrongdoing.

• Audit Controls: Technical mechanisms that track and record computer/system activities.

• Audit Logs: Encrypted records of activity maintained by the system which provide: 1) date and time of activity; 2) origin of activity (app); 3) identification of user doing activity; and 4) data accessed as part of activity.

• Access: Means the ability or the means necessary to read, write, modify, or communicate data/ information or otherwise use any system resource.

• Backup: The process of making an electronic copy of data stored in a computer system. This can either be complete, meaning all data and programs, or incremental, including just the data that changed from the previous backup.

• Breach: Means the acquisition, access, use, or disclosure of protected health information (PHI) in a manner not permitted under the Privacy Rule which compromises the security or privacy of the PHI. For purpose of this definition, “compromises the security or privacy of the PHI” means poses a significant risk of financial, reputational, or other harm to the individual. A use or disclosure of PHI that does not include the identifiers listed at §164.514(e)(2), limited data set, date of birth, and zip code does not compromise the security or privacy of the PHI. Breach excludes:

1. Any unintentional acquisition, access or use of PHI by a workforce member or person acting under the authority of a Covered Entity (CE) or Business Associate (BA) if such acquisition, access, or use was made in good faith and within the scope of authority and does not result in further use or disclosure in a manner not permitted under the Privacy Rule.
2. Any inadvertent disclosure by a person who is authorized to access PHI at a CE or BA to another person authorized to access PHI at the same CE or BA, or organized health care arrangement in which the CE participates, and the information received as a result of such disclosure is not further used or disclosed in a manner not permitted under the Privacy Rule.
3. A disclosure of PHI where a CE or BA has a good faith belief that an unauthorized person to whom the disclosure was made would not reasonably have been able to retain such information.

• Business Associate: A person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, a covered entity.

• Covered Entity: A health plan, health care clearinghouse, or a healthcare provider who transmits any health information in electronic form.

• De-identification: The process of removing identifiable information so that data is rendered to not be PHI.

• Disaster Recovery: The ability to recover a system and data after being made unavailable.

• Disclosure: Disclosure means the release, transfer, provision of, access to, or divulging in any other manner of information outside the entity holding the information.

• Customers: Contractually bound users of Sessions application.

• Electronic Protected Health Information (ePHI): Any individually identifiable health information protected by HIPAA that is transmitted by, processed in some way, or stored in electronic media.

• Environment: The overall technical environment, including all servers, network devices, and applications.

• Event: An event is defined as an occurrence that does not constitute a serious adverse effect on Sessions, its operations, or its Customers, though it may be less than optimal. Examples of events include, but are not limited to:

  • A hard drive malfunction that requires replacement;
  • Systems become unavailable due to power outage that is non-hostile in nature, with redundancy to assure ongoing availability of data;
  • Accidental lockout of an account due to incorrectly entering a password multiple times.

• Hardware (or hard drive): Any computing device able to create and store ePHI.

• Health and Human Services (HHS): The government body that maintains HIPAA.

• Individually Identifiable Health Information: That information that is a subset of health information, including demographic information collected from an individual, and is created or received by a health care provider, health plan, employer, or health care clearinghouse; and relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and identifies the individual; or with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

• Indication: A sign that an Incident may have occurred or may be occurring at the present time. Examples of indications include:

  • The network intrusion detection sensor alerts when a known exploit occurs against an FTP server. Intrusion detection is generally reactive, looking only for footprints of known attacks. It is important to note that many IDS “hits” are also false positives and are neither an event nor an incident;
  • The antivirus software alerts when it detects that a host is infected with a worm;
  • Users complain of slow access to hosts on the Internet;
  • The system administrator sees a filename with unusual characteristics;
  • Automated alerts of activity from log monitors like OSSEC;
  • An alert from OSSEC about file system integrity issues.

• Intrusion Detection System (IDS): A software tool use to automatically detect and notify in the event of possible unauthorized network and/or system access.

• Law Enforcement Official: Any officer or employee of an agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, who is empowered by law to investigate or conduct an official inquiry into a potential violation of law; or prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.

• Minimum Necessary Information: Protected health information that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request. The “minimum necessary” standard applies to all protected health information in any form.

• Off-Site: For the purpose of storage of Backup media, off-site is defined as any location separate from the building in which the backup was created. It must be physically separate from the creating site.

• Organization: For the purposes of this policy, the term “organization” shall mean Sessions.

• Platform: The overall technical environment of Sessions.

• Protected Health Information (PHI): Individually identifiable health information that is created by or received by the organization, including demographic information, that identifies an individual, or provides a reasonable basis to believe the information can be used to identify an individual, and relates to:

  • Past, present or future physical or mental health or condition of an individual.
  • The provision of health care to an individual.
  • The past, present, or future payment for the provision of health care to an individual.

• Role: The category or class of person or persons doing a type of job, defined by a set of similar or identical responsibilities.

• Sanitization: Removal or the act of overwriting data to a point of preventing the recovery of the data on the device or media that is being sanitized. Sanitization is typically done before re-issuing a device or media, donating equipment that contained sensitive information or returning leased equipment to the lending company.

• Trigger Event: Activities that may be indicative of a security breach that require further investigation (See Appendix).

• Role: The category or class of person or persons doing a type of job, defined by a set of similar or identical responsibilities.

• Precursor: A sign that an Incident may occur in the future. Examples of precursors include:

  • Suspicious network and host-based IDS events/attacks;
  • Alerts as a result of detecting malicious code at the network and host levels;
  • Alerts from file integrity checking software;
  • Audit log alerts.

• Risk: The likelihood that a threat will exploit a vulnerability, and the impact of that event on the confidentiality, availability, and integrity of ePHI, other confidential or proprietary electronic information, and other system assets.

• Risk Management Team: Individuals who are knowledgeable about the Organization’s HIPAA Privacy, Security and HITECH policies, procedures, training program, computer system set up, and technical security controls, and who are responsible for the risk management process and procedures outlined below.

• Risk Assessment: (Referred to as Risk Analysis in the HIPAA Security Rule); the process:

  • Identifies the risks to information system security and determines the probability of occurrence and the resulting impact for each threat/vulnerability pair identified given the security controls in place;
  • Prioritizes risks; and
  • Results in recommended possible actions/controls that could reduce or offset the determined risk.

• Risk Management: Within this policy, it refers to two major process components: risk assessment and risk mitigation. This differs from the HIPAA Security Rule, which defines it as a risk mitigation process only. The definition used in this policy is consistent with the one used in documents published by the National Institute of Standards and Technology (NIST).

• Risk Mitigation: Referred to as Risk Management in the HIPAA Security Rule, and is a process that prioritizes, evaluates, and implements security controls that will reduce or offset the risks determined in the risk assessment process to satisfactory levels within an organization given its mission and available resources.

• Security Incident (or just Incident): A security incident is an occurrence that exercises a significant adverse effect on people, process, technology, or data. Security incidents include, but are not limited to:

  • A system or network breach accomplished by an internal or external entity; this breach can be inadvertent or malicious;
  • Unauthorized disclosure;
  • Unauthorized change or destruction of ePHI (i.e. delete dictation, data alterations not following Sessions’ procedures);
  • Denial of service not attributable to identifiable physical, environmental, human or technology causes;
  • Disaster or enacted threat to business continuity;
  • Information Security Incident: A violation or imminent threat of violation of information security policies, acceptable use policies, or standard security practices. Examples of information security incidents may include, but are not limited to, the following:
  • Denial of Service: An attack that prevents or impairs the authorized use of networks, systems, or applications by exhausting resources;
  • Malicious Code: A virus, worm, Trojan horse, or other code-based malicious entity that infects a host;
  • Unauthorized Access/System Hijacking: A person gains logical or physical access without permission to a network, system, application, data, or other resource. Hijacking occurs when an attacker takes control of network devices or workstations;
  • Inappropriate Usage: A person violates acceptable computing use policies;
  • Other examples of observable information security incidents may include, but are not limited to:
  • Use of another person’s individual password and/or account to login to a system;
  • Failure to protect passwords and/or access codes (e.g., posting passwords on equipment);
  • Installation of unauthorized software;
  • Terminated workforce member accessing applications, systems, or network.

• Threat: The potential for a particular threat-source to successfully exercise a particular vulnerability. Threats are commonly categorized as:

  • Environmental - external fires, HVAC failure/temperature inadequacy, water pipe burst, power failure/fluctuation, etc.
  • Human - hackers, data entry, workforce/ex-workforce members, impersonation, insertion of malicious code, theft, viruses, SPAM, vandalism, etc.
  • Natural - fires, floods, electrical storms, tornados, etc.
  • Technological - server failure, software failure, ancillary equipment failure, etc. and environmental threats, such as power outages, hazardous material spills.
  • Other - explosions, medical emergencies, misuse or resources, etc.

• Threat Source: Any circumstance or event with the potential to cause harm (intentional or unintentional) to an IT system. Common threat sources can be natural, human or environmental which can impact the organization’s ability to protect ePHI.

• Threat Action: The method by which an attack might be carried out (e.g., hacking, system intrusion, etc.).

• Unrestricted Area: Those areas of the building(s) where protected health information and/or sensitive organizational information is not stored or is not utilized or is not accessible there on a regular basis.

• Unsecured Protected Health Information: Protected health information (PHI) that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2) of Pub. L.111-5 on the HHS website.

  1. Electronic PHI has been encrypted as specified in the HIPAA Security rule by the use of an algorithmic process to transform data into a form in which there is a low probability of assigning meaning without the use of a confidential process or key and such confidential process or key that might enable decryption has not been breached. To avoid a breach of the confidential process or key, these decryption tools should be stored on a device or at a location separate from the data they are used to encrypt or decrypt. The following encryption processes meet this standard.
  2. Valid encryption processes for data at rest (i.e. data that resides in databases, file systems and other structured storage systems) are consistent with NIST Special Publication 800-111, Guide to Storage Encryption Technologies for End User Devices.
  3. Valid encryption processes for data in motion (i.e. data that is moving through a network, including wireless transmission) are those that comply, as appropriate, with NIST Special Publications 800-52, Guidelines for the Selection and Use of Transport Layer Security (TLS) Implementations; 800-77, Guide to IPSec VPNs; or 800-113, Guide to SSL VPNs, and may include others which are Federal Information Processing Standards FIPS 140-2 validated.
  4. The media on which the PHI is stored or recorded has been destroyed in the following ways:
  5. Paper, film, or other hard copy media have been shredded or destroyed such that the PHI cannot be read or otherwise cannot be reconstructed. Redaction is specifically excluded as a means of data destruction.
  6. Electronic media have been cleared, purged, or destroyed consistent with NIST Special Publications 800-88, Guidelines for Media Sanitization, such that the PHI cannot be retrieved.

• Vulnerability: A weakness or flaw in an information system that can be accidentally triggered or intentionally exploited by a threat and lead to a compromise in the integrity of that system, i.e., resulting in a security breach or violation of policy.

• Workstation: An electronic computing device, such as a laptop or desktop computer, or any other device that performs similar functions, used to create, receive, maintain, or transmit ePHI. Workstation devices may include, but are not limited to: laptop or desktop computers, personal digital assistants (PDAs), tablet PCs, and other handheld devices. For the purposes of this policy, “workstation” also includes the combination of hardware, operating system, application software, and network connection.

• Workforce: Means employees, volunteers, trainees, and other persons whose conduct, in the performance of work for a covered entity, is under the direct control of such entity, whether or not they are paid by the covered entity.

This Privacy Agreement (“Agreement”) is effective upon signing up for the Sessions Service by You, a representative of the “Covered Entity” and Sessions, Inc. (the “Business Associate”). 1. Term. This Agreement shall remain in effect for the duration of the relationship the Business Associate has with “Covered Entity” , and shall apply to all of the Services delivered by the Business Associate pursuant to this Agreement. 2. HIPAA Assurances. In the event the Business Associate creates, receives, maintains, or otherwise is exposed to personally identifiable or aggregate patient or other medical information defined as Protected Health Information (“PHI”) in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations (“HIPAA”) and otherwise meets the definition of Business Associate as defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164), Business Associate shall:

(a) Recognize that HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316), apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity; (b) Not use or further disclose the PHI, except as permitted by law; © Not use or further disclose the PHI in a manner that had Sessions, Inc. done so, would violate the requirements of HIPAA; (d) Use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of the PHI other than as provided for by this Agreement; (e) Comply with each applicable requirements of 45 C.F.R. Part 162 if the Business Associate conducts Standard Transactions for or on behalf of the Covered Entity; (f) Report promptly to “Covered Entity” any security incident or other use or disclosure of PHI not provided for by this Agreement of which Business Associate becomes aware; (g) Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained in the Business Associate obligations under this paragraph and agree to the same restrictions and conditions; (h) Make available PHI in accordance with the individual’s rights as required under the HIPAA regulations; (i) Account for PHI disclosures for up to the past six (6) years as requested by Covered Entity, which shall include: (1) Dates of disclosure, (2) names of the entities or persons who received the PHI, (3) a brief description of the PHI disclosed, and (4) a brief statement of the purpose and basis of such disclosure; (j) Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining Customer’s compliance with HIPAA; and (k) Incorporate any amendments or corrections to PHI when notified by Customer or enter into a Business Associate Agreement or other necessary Agreements to comply with HIPAA.

1. Termination upon Breach of Provisions. Notwithstanding any other provision of this Agreement, Covered Entity may immediately terminate this Agreement if it determines that Business Associate breaches any term in this Agreement. Alternatively, Covered Entity may give written notice to Business Associate in the event of a breach and give Business Associate five (5) business days to cure such breach. Covered Entity shall also have the option to immediately stop all further disclosures of PHI to Business Associate if Covered Entity reasonably determines that Business Associate has breached its obligations under this Agreement. In the event that termination of this Agreement and the Agreement is not feasible, Business Associate hereby acknowledges that the Covered Entity shall be required to report the breach to the Secretary of the U.S. Department of Health and Human Services, notwithstanding any other provision of this Agreement or Agreement to the contrary.
2. Return or Destruction of Protected Health Information upon Termination. Upon the termination of this Agreement, unless otherwise directed by Covered Entity, Business Associate shall either return or destroy all PHI received from the Covered Entity or created or received by Business Associate on behalf of the Covered Entity in which Business Associate maintains in any form. Business Associate shall not retain any copies of such PHI. Notwithstanding the foregoing, in the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible upon termination of this Agreement, Business Associate shall provide to Covered Entity notification of the condition that makes return or destruction infeasible. To the extent that it is not feasible for Business Associate to return or destroy such PHI, the terms and provisions of this Agreement shall survive such termination or expiration and such PHI shall be used or disclosed solely as permitted by law for so long as Business Associate maintains such Protected Health Information.
3. No Third Party Beneficiaries. The parties agree that the terms of this Agreement shall apply only to themselves and are not for the benefit of any third party beneficiaries.
4. De-Identified Data. Notwithstanding the provisions of this Agreement, Business Associate and its subcontractors may disclose non-personally identifiable information provided that the disclosed information does not include a key or other mechanism that would enable the information to be identified.
5. Amendment. Business Associate and Covered Entity agree to amend this Agreement to the extent necessary to allow either party to comply with the Privacy Standards, the Standards for Electronic Transactions, the Security Standards, or other relevant state or federal laws or regulations created or amended to protect the privacy of patient information. All such amendments shall be made in a writing signed by both parties.
6. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the then most current version of HIPAA and the HIPAA privacy regulations.
7. Definitions. Capitalized terms used in this Agreement shall have the meanings assigned to them as outlined in HIPAA and its related regulations.
8. Survival. The obligations imposed by this Agreement shall survive any expiration or termination of this Agreement.

24. HIPAA Mappings to Sessions Controls

Below is a list of HIPAA Safeguards and Requirements and the Sessions controls in place to meet those.