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45 CFR 164.316 — HIPAA Security Rule: Policies and procedures and documentation requirements
FederalregulationU.S. Department of Health and Human Services (HHS), Office for Civil Rights· effective 2005-04-20
What this rule requires your agency to do
- 1A covered entity or business associate must maintain a written (which may be electronic) record of any action, activity, or assessment that the subpart requires to be documented (§ 164.316(b)(1)(ii)).(45 CFR 164.316 — HIPAA Security Rule: Policies and procedures and documentation requirements)
- 2A covered entity or business associate must make documentation available to those persons responsible for implementing the procedures to which it pertains (§ 164.316(b)(2)(ii)).(45 CFR 164.316 — HIPAA Security Rule: Policies and procedures and documentation requirements)
- 3A covered entity or business associate must retain required documentation for 6 years from the date of its creation or the date when it last was in effect, whichever is later (§ 164.316(b)(2)(i)).(45 CFR 164.316 — HIPAA Security Rule: Policies and procedures and documentation requirements)
- 4A covered entity or business associate may change its policies and procedures at any time, provided the changes are documented and implemented in accordance with the subpart (§ 164.316(a)).(45 CFR 164.316 — HIPAA Security Rule: Policies and procedures and documentation requirements)
- 5A covered entity or business associate must implement reasonable and appropriate policies and procedures to comply with the standards, implementation specifications, and other requirements of the Security Rule subpart, taking into account the § 164.306(b)(2) factors (§ 164.316(a)).(45 CFR 164.316 — HIPAA Security Rule: Policies and procedures and documentation requirements)
- 6A covered entity or business associate must maintain its Security Rule policies and procedures in written (which may be electronic) form (§ 164.316(b)(1)(i)).(45 CFR 164.316 — HIPAA Security Rule: Policies and procedures and documentation requirements)
- 7A covered entity or business associate must review documentation periodically and update it as needed in response to environmental or operational changes affecting the security of the electronic PHI (§ 164.316(b)(2)(iii)).(45 CFR 164.316 — HIPAA Security Rule: Policies and procedures and documentation requirements)
Applies to: cross-cutting
Requires covered entities and business associates to implement reasonable and appropriate policies and procedures to comply with the HIPAA Security Rule and to maintain documentation of those policies, procedures, actions, activities, and assessments in written (which may be electronic) form. It sets a six-year retention period, an availability requirement, and a duty to review and update documentation as needed.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.