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The Rising Threat from Insiders – Get Your House in Order

Client Alert

What is Insider Threat?

As its name implies, an ‘Insider Threat’ originates inside an organization. An ‘insider’ is any person who has or had authorized access to or knowledge of an organization’s resources, including personnel, facilities, information, equipment, networks, and systems. ‘Insider threat’ can manifest from malicious, complacent, negligent or unintentional acts that negatively affect the integrity, confidentiality, and availability of the organization, its data, personnel, or facilities. Certainly, ‘Insider Threat’ can be an activity by a bad actor employee, but can also arise from an inadvertent or unknowing action inside an organization (such as an employee who unintentionally opens a phishing email or clicks on a malicious link).

Rising Frequency; Rising Costs.

Protecting against ‘Insider Threat’ is a data security concern for all organizations. The realities facing organizations today include:

  • The frequency and cost of preventing insider attacks is rising;
  • User negligence is the most common cause of a data breach; and
  • Insider threat deterrence must become a key element in a cybersecurity posture.

According to a 2020 study[1], the average global cost of ​insider threats​ rose by ​31% in two years and the frequency of these incidents spiked by ​47%​ in the same time period. The risk is also present for small and medium sized businesses (SMBs). While 72% of organizations reported an increase in insider attacks in 2020, 66% of key decision makers in SMBs do not think breaches are likely to occur. Only 14% of SMBs have any kind of breach defenses in place; the rest are vulnerable to potentially devastating cyberattacks[2]. While daunting, the reality of modern business dictates that companies of all sizes, in all industries, must be cognizant of cybersecurity issues and prepare accordingly.

How can your company guard against Insider Threat?

The following is a brief list of action items your company should implement to address ‘Insider Threat’:

  • Put it in writing – An organization’s security policy should include procedures to prevent and detect misuse of company resources, guidelines for conducting insider investigations, and the potential consequences to the individual. Written policies not only preserve continuity, but also clearly outline rules and expectations in the organization.
  • Train and educate – The Identity Management Institute states that employee education remains key to breach prevention, including cybersecurity awareness during onboarding and routine drills to practice attack and breach responses.
  • Dictate Acceptable Use – An organization should detail an organization’s rules and expectations regarding technology use. This includes considering acceptable behavior on networks and devices.
  • Be transparent about employee privacy expectations - Organizations need to balance reducing insider threats and protecting employee privacy. Communicate and educate employees regarding the security policy and IT rules. Explain the program's objectives, while training employees about their role in security.
  • Get Technical – Invest in IT and consult with legal and technical cybersecurity professionals to find a solution that works for your organization.

Prudent businesses will create and maintain written policies as it relates to cybersecurity and data protection. BMD can assist in crafting the policies and identifying proper security frameworks and connecting you with technical experts to implement. 

If you have any questions about whether your cybersecurity risks, and whether your business is protected, please contact BMD’s Cybersecurity Practice Leaders, Brandon Pauley at btpauley@bmdllc.com or Kyle Johnson at kajohnson@bmdllc.com.

[1] https://www.proofpoint.com/uk/resources/threat-reports/2020-cost-of-insider-threats and Cybersecurity Insiders’ 2020 Insider Threat Report.

[2] https://identitymanagementinstitute.org/government-cybersecurity-and-insider-threats/


Medicare Updates on Skin Substitutes: LCDs Withdrawn, Payment Changes Take Effect

Medicare’s planned Final Local Coverage Determinations (LCDs) for skin substitutes were withdrawn in late December 2025, meaning previous coverage rules remain in effect. The 2026 Medicare Physician Fee Schedule introduces a single payment rate of approximately $127.14 for these products. Providers should review implications for diabetic foot and venous leg ulcer treatments.

Understanding the Seven Core Elements of an Effective Healthcare Compliance Program

The Affordable Care Act requires healthcare providers participating in Medicare, Medicaid, and CHIP to maintain an effective compliance program. Guidance from the Department of Health and Human Services and the Office of Inspector General outlines seven core elements that form the foundation of these programs, from written policies and compliance oversight to auditing, training, and corrective action. This alert highlights each element and explains how practices can tailor compliance programs to their size and risk profile while meeting federal expectations.

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.

Preventing a Board Investigation

Healthcare professionals in Ohio are subject to licensing board investigations that can lead to disciplinary action. Staying compliant with regulations, documenting carefully, and operating within your professional scope can help prevent issues. If contacted by a board, working with an attorney is critical to protect your license and rights.

Ohio Board of Nursing Proposes Rule Changes for Nurses

On Monday, January 12, 2026, the Ohio Board of Nursing (“BON”) released a package of proposed changes to the Ohio Administrative Code. There are two proposed changes to continuing education requirements that Ohio nurses should be watching.