S. 3315

119 S3315 IS: Health Care Cybersecurity and Resiliency Act of 2025
 U.S. Senate
 2025-12-02
 text/xml
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 3315  IN THE SENATE OF THE UNITED STATES   December 2, 2025   Mr. Cassidy  (for himself,  Ms. Hassan ,  Mr. Cornyn , and  Mr. Warner ) introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To require the Secretary of Health and Human Services and the Director of the Cybersecurity and Infrastructure Security Agency to coordinate to improve cybersecurity in the health care and public health sectors, and for other purposes.
1.
Short title
This Act may be cited as the   Health Care Cybersecurity and Resiliency Act of 2025  .
2.
Definitions
In this Act:
(1)
Agency
The term  Agency  means the Cybersecurity and Infrastructure Security Agency.
(2)
Cybersecurity incident
The term  cybersecurity incident  has the meaning given the term  incident  in section 3552 of title 44, United States Code.
(3)
Cybersecurity State Coordinator
The term  Cybersecurity State Coordinator  means a Cybersecurity State Coordinator appointed under section 2217(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 665c(a) ).
(4)
Director
The term  Director  means the Director of the Agency.
(5)
Healthcare and Public Health Sector
The term  Healthcare and Public Health Sector  means the Healthcare and Public Health sector, as identified in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience).
(6)
Information Sharing and Analysis Organization
The term  Information Sharing and Analysis Organization  has the meaning given such term in section 2200 of the Homeland Security Act of 2002 ( 6 U.S.C. 650 ).
(7)
Information system
The term  information system  has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ).
(8)
Secretary
The term  Secretary  means the Secretary of Health and Human Services.
3.
Department coordination with the Agency
(a)
In general
The Secretary and the Director shall coordinate, including by entering into a cooperative agreement, as appropriate, to improve cybersecurity in the Healthcare and Public Health Sector.
(b)
Assistance
(1)
In general
The Secretary shall coordinate with the Director to make resources available to entities that are receiving information shared through programs managed by the Director or the Secretary, including Information Sharing and Analysis Organizations, information sharing and analysis centers, and non-Federal entities.
(2)
Scope
The coordination under paragraph (1) shall include—
(A)
developing products specific to the needs of Healthcare and Public Health Sector entities; and
(B)
sharing information relating to cyber threat indicators and appropriate defensive measures.
4.
Clarifying cybersecurity responsibilities at the Department of Health and Human Services
Part A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following:
310C.
Oversight of cybersecurity activities
The Secretary, acting through the Assistant Secretary for Preparedness and Response, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency pursuant to section 2218 of the Homeland Security Act of 2002, shall lead oversight and coordination of activities within the Department of Health and Human Services to support cybersecurity resiliency within the Healthcare and Public Health Sector (as defined in section 2 of the  Health Care Cybersecurity and Resiliency Act of 2025 ), including coordination and communication with other public and private entities related to preparedness for, and responses to, cybersecurity incidents, consistent with applicable provisions of this Act, other applicable laws, and Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience).
 .
5.
Cybersecurity incident response plan
Section 405 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1533 ) is amended—
(1)
in subsection (a)—
(A)
in paragraph (4)—
(i)
in the paragraph heading, by inserting
information system;   after
Federal entity;  ; and
(ii)
by inserting   information system ,  after   Federal entity , ;
(B)
by redesignating paragraphs (4) through (7) as paragraphs (6) through (9), respectively; and
(C)
by inserting after paragraph (3) the following:
(4)
Cybersecurity incident
The term  cybersecurity incident  has the meaning given the term  incident  in section 3552 of title 44, United States Code.
(5)
Cybersecurity risk
The term  cybersecurity risk  has the meaning given such term in section 2200 of the Homeland Security Act of 2002 ( 6 U.S.C. 650 ).
 ; and
(2)
in subsection (d), by adding at the end the following:
(4)
Plan
(A)
In general
Not later than 1 year after the date of enactment of the  Health Care Cybersecurity and Resiliency Act of 2025 , the Secretary shall develop and implement a cybersecurity incident response plan to inform applicable personnel within the Department of Health and Human Services of processes and protocols to prepare for, and respond to, cybersecurity incidents involving information, including hardware, software, databases, and networks, used or maintained by, or on behalf of, the Department, including strategies—
(i)
to assess cybersecurity risks;
(ii)
to prevent cybersecurity incidents;
(iii)
to detect and identify cybersecurity incidents;
(iv)
to minimize damage in the event of a cybersecurity incident;
(v)
to protect data; and
(vi)
to recover from any cybersecurity incidents expeditiously.
(B)
Consultation
In developing the plan under subparagraph (A), the Secretary shall consult with the Director of the Cybersecurity and Infrastructure Security Agency, the Director of the Office of Management and Budget, and the Director of the National Institute of Standards and Technology, and relevant experts, as appropriate.
(C)
Report
Not later than 60 days before the date on which the Secretary begins implementing the plan under subparagraph (A), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Energy and Commerce, the Committee on Oversight and Reform, and the Committee on Homeland Security of the House of Representatives a report that describes such plan.
 .
6.
Breach reporting portal
(a)
Updates to breach reporting portal
Section 13402 of the HITECH Act ( 42 U.S.C. 17932 ) is amended by adding at the end the following:
(k)
Updates to regulations
Not later than 1 year after the date of enactment of the  Health Care Cybersecurity and Resiliency Act of 2025 , the Secretary shall update the regulations promulgated pursuant to subsection (j) to require that information required to be publicly displayed in the breach reporting portal established pursuant to this section includes—
(1)
information on any corrective action taken against a covered entity that provided notification of a breach under this section;
(2)
information on whether and to what extent, as appropriate, recognized security practices (as defined in section 13412(b)(1)) were considered in the investigation of such a breach; and
(3)
such additional information about such a breach as the Secretary may require.
 .
7.
Clarifying breach reporting obligations
Section 13402(f) of the HITECH Act ( 42 U.S.C. 17932(f) ) is amended by adding at the end the following:
(6)
The number of individuals affected by the breach.
 .
8.
Enhancing recognition of security practices
(a)
Recognized security practices
Section 13412(b)(1) of the HITECH Act ( 42 U.S.C. 17941(b)(1) ) is amended, in the first sentence, by inserting  , investments,  after  other programs .
(b)
Guidance
Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the implementation of section 13412 of the HITECH Act ( 42 U.S.C. 17941 ), which shall include—
(1)
recognized security practices (as defined in subsection (b)(1) of such section) that the Secretary may consider when determining fines under such section;
(2)
the extent to which such recognized security practices should be in place for consideration by the Secretary; and
(3)
procedural requirements or information that shall be submitted by a covered entity or business associate (as such terms are defined in section 13400 of the HITECH Act ( 42 U.S.C. 17921 )) to the Secretary for consideration.
(c)
Annual report
Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall include in the annual report required under section 13424(a) of the HITECH Act ( 42 U.S.C. 17953(a) ) information on implementation of section 13412 of such Act ( 42 U.S.C. 17941 ), including an accounting of every case in which the Secretary considered recognized security practices (as defined in subsection (b)(1) of such section) when effectuating audits and assessing fines under such section.
9.
Required cybersecurity standards
(a)
In general
The Secretary shall update the privacy, security, and breach notification regulations under parts 160 and 164 of title 45, Code of Federal Regulations (or any successor regulation) to require covered entities and business associates to adopt the following cybersecurity practices:
(1)
Multifactor authentication, or a successor technology, for access to any information systems that may include protected health information.
(2)
Safeguards to encrypt protected health information.
(3)
Requirements to conduct audits, including penetration testing, to maintain the protections of information systems.
(4)
Other minimum cybersecurity standards, as determined by the Secretary, in consultation with private sector entities, based on landscape analysis of emerging and existing cybersecurity vulnerabilities and consensus-based best practices.
(b)
Effective dates
The Secretary shall specify in the regulations the effective date for each of the new requirements under the regulations updated in accordance with subsection (a). Each such effective date shall provide reasonable time for the entities subject to the requirement to come into compliance.
10.
Guidance on rural cybersecurity readiness
Section 405(d) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1533(d) ) (as amended by section 5(2)) is amended by adding at the end the following:
(5)
Rural cybersecurity guidance
(A)
Definition of rural
In this paragraph, the term  rural  has the meaning given such term by the Health Resources and Services Administration.
(B)
Guidance on rural cybersecurity readiness
Not later than 1 year after the date of enactment of the  Health Care Cybersecurity and Resiliency Act of 2025 , the Secretary shall issue guidance to rural entities on best practices to improve cyber readiness, including strategies—
(i)
to improve cyber infrastructure, including any technical safeguards to mitigate cybersecurity risk;
(ii)
to integrate best practices issued by the Secretary to improve cybersecurity preparedness;
(iii)
to improve employee preparation to mitigate any cybersecurity risks, including existing public-private programs to support educational initiatives; and
(iv)
to implement policies to facilitate mandatory cybersecurity incident reporting requirements under law.
(C)
GAO study and report
(i)
In general
Not later than 3 years after the date of enactment of the  Health Care Cybersecurity and Resiliency Act of 2025 , the Comptroller General of the United States shall conduct, and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of, a study to examine how rural entities have implemented the recommendations included in the guidance under subparagraph (B).
(ii)
Requirements
The study under clause (i) shall assess—
(I)
how rural entities have implemented any technical safeguards and any challenges faced by such rural entities in areas for which safeguards were not implemented;
(II)
steps to further support cyber resilience for rural entities;
(III)
areas to improve coordination between Federal agencies, including for the purposes of required cyber reporting; and
(IV)
any opportunities to support public-private collaboration in the area of cyber readiness.
 .
11.
Grants to enhance cybersecurity in the health and public health sectors
Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following:
399V–8.
Grants
(a)
In general
The Secretary may award grants to eligible entities for the adoption and use of cybersecurity best practices.
(b)
Eligible entity
To be eligible to receive a grant under subsection (a) an entity shall be—
(1)
a public or nonprofit private health center (including a Federally qualified health center (as defined in section 1861(aa)(4) of the Social Security Act));
(2)
a health facility operated by or pursuant to a contract with the Indian Health Service;
(3)
a hospital;
(4)
a cancer center;
(5)
a rural health clinic;
(6)
an academic health center; or
(7)
a nonprofit entity that enters into a partnership or coordinates referrals with an entity described in any of paragraphs (1) through (6).
(c)
Use of funds
In adopting and using cybersecurity best practices pursuant to a grant under subsection (a), an eligible entity may use grant funds—
(1)
to hire and train personnel in such cybersecurity best practices;
(2)
to update electronic data systems, such as by migrating to cloud based platforms;
(3)
to join and participate in health cybersecurity threat information sharing organizations;
(4)
to reduce the use of legacy systems; and
(5)
to contract with third parties to assist with the activities described in paragraphs (1) through (5).
(d)
Grant period
The Secretary may award a grant under this section for a period of not more than 3 years.
(e)
Application
An eligible entity seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require including, at a minimum a description of how the eligible entity will establish baseline measures and benchmarks that meet the Secretary’s requirements to evaluate program outcomes.
(f)
Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2025 through 2030.
 .
12.
Healthcare cybersecurity workforce
(a)
Training for healthcare experts
The Secretary, in coordination with the Cybersecurity State Coordinators of the Agency and private sector health care experts, as appropriate, shall provide training to Healthcare and Public Health Sector asset owners and operators on—
(1)
cybersecurity risks to information systems within the Healthcare and Public Health Sector; and
(2)
ways to mitigate the risks to information systems in the Healthcare and Public Health Sector.
(b)
Cross-Agency educational tools
(1)
In general
Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator of the Health Resources and Services Administration, in coordination with the Agency, shall develop a strategic plan to support growing the cybersecurity workforce for health care entities.
(2)
Inclusions
The strategic plan under paragraph (1) shall include—
(A)
recommendations for existing educational programs that can be used to support cybersecurity training;
(B)
dissemination and development of educational materials on how to improve cybersecurity resilience;
(C)
development of best practices to train the health care workforce on cybersecurity best practices; and
(D)
opportunities for public-private collaboration to strengthen the cybersecurity workforce.