Bipartisan Bill Introduced on Device Cybersecurity

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Senators Bill Cassidy (R-LA) and Tammy Baldwin (D-WI) have introduced the Protecting and Transforming Cyber Health Care (PATCH) Act that would implement critical cybersecurity requirements for device manufacturers applying for premarket approval through FDA. The bipartisan PATCH Act would “ensure that innovative medical technologies are better protected from cyber threats and keep personal health information safe while also finding new ways to improve care,” Baldwin said in a release. U.S. Representatives Michael C. Burgess (R-TX) and Angie Craig (D-MN) introduced the companion legislation in the House last month.

 

According to the lawmakers, the legislation would:

  • Allow for the manufacturer to design, develop, and maintain processes and procedures to update and patch the device and related systems throughout the lifecycle of the device.
  • Establish a software bill of materials for each affected device that will be provided to users.
  • Require the development of a plan to monitor, identify, and address post market cybersecurity vulnerabilities.
  • Request a coordinated vulnerability disclosure to demonstrate safety and effectiveness of a device.

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