![]() ![]() The Truth about HIPAA-HITECH and Data Backup.Act (SOX) Compliance: Requirements for IT Security.Overview of HIPAA and HITECH Data Security Requirements.Final Rule: Retention of Records Relevant to Audits and Reviews.Although they may seem complex and in some cases they may be expensive to adhere to, it is not impossible. If you are responsible for backup and disaster recovery within your organization and you are unsure about your legal requirements I have provided some links for you to follow so you can read up on the laws and requirements. All organizations should have a disaster recovery policy and test their methodology at least once per year to ensure data is recoverable and usable. It is important that if you think you may handle some types of data but you are unsure of your legal obligation for backup and retention that you find someone who has a good understanding of technology and the law to review this for you.įor healthcare organizations there are specified retention rates for patient data as well as an offsite storage mandate and the data must be recoverable and recovery must be tested periodically. Some regulations that the Sarbanes-Oxley Act refers to pertains to financial accounting for investor accounts so it is important to understand the types of data your organization is handling and which part of the law affects your business. ![]() If your company has accounting records or patient records you need to take a close look at the backup, retention and disaster recovery policies enforced by HIPAA, HITECH, and Sarbanes-Oxley. While this practice is cost effective and has been around for a long time, it may no longer meet the needs and legal requirements of an organization. Many organizations adhere to a very old backup methodology of backing up 2 weeks of data in a rotation and then overwriting the data on the third week. Meeting the requirements can be complicated and cumbersome, but it is not impossible. Some organizations such as healthcare, financial and accounting organizations may not be aware of the exact rules they must follow. There also may be retention rates that must be adhered to. This would usually only be granted when an organisation requesting the data makes the case that it would be very difficult or impractical to seek consent from every individual whose data they wish to use.įor more information about CAG see: organizations that handle sensitive data may have legal obligations to backup and store data using a secure methodology. Its main purpose is to protect and promote the interests of patients and the public, while also making sure that confidential patient information can be used when it is appropriate, for purposes beyond individual care.ĬAG can give Section 251 approval (S251) for the use of confidential patient information without consent for a specific purpose by the HRA or the Secretary of State for Health and Social Care. All departments must utilize this methodology to properly backup and storage media that contains ePHI (electronically protected health information). It provides advice to the Health Research Authority (HRA) for research uses, and to the Secretary of State for Health and Social Care. The Data Backup Policy document establishes the activities that need to be carried out by each Business Unit, Technology Unit, and Corporate Units (departments) within the organization. The Confidentiality Advisory Group (CAG) is an independent body which provides expert advice on the use of confidential patient information without patient consent. You can read more about the CLDC on the Caldicott Guardian website. legal support for the use of confidential patient information without consent under the Health Services (Control of Patient Information) Regulations 2002, under section 251 of the NHS Act 2006.an overriding public interest, where it is judged that the benefit of providing the information outweighs the rights to privacy for the patient concerned and the public good of maintaining trust in the confidentiality of the service.a court order, where a judge has ordered that specific and relevant information must be provided, and to whom.a mandatory legal requirement or power that enables the CLDC to be set aside, such as the Children Act 1989 which requires information to be shared in safeguarding cases, powers for Care Quality Commission inspections, reporting of food poisoning, reporting of infectious diseases such as measles, and the powers given to NHS Digital under section 259 of the Health and Social Care Act 2012.To meet the requirements of the CLDC there must be one of the following conditions:
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