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HIPAA guide

HIPAA contingency plan requirement: 45 CFR 164.308(a)(7)

One requirement of the HIPAA Security Rule, explained the way an investigator would read it: the text, what it means for a practice or a vendor, the evidence that proves it, and the published cases where it was missing.

Citation
45 CFR 164.308(a)(7)
Standard
Contingency plan, 164.308(a)(7)(i)
Safeguard
Administrative safeguards
Type
Standard, with three required and two addressable specifications

What the rule says

Establish (and implement as needed) policies and procedures for responding to an emergency or other occurrence (for example, fire, vandalism, system failure, and natural disaster) that damages systems that contain electronic protected health information.45 CFR 164.308(a)(7), as currently in force

In plain English: Decide in advance how you'll keep patient information safe and available when something breaks: how it's backed up, how you'd recover it, how you'd keep treating patients in the meantime, and prove the plan works by testing it.

What it means in practice

  • Data backup plan (R): exact copies of ePHI, retrievable, protected, and separate enough that ransomware can't reach them.
  • Disaster recovery plan (R): how to restore data and systems, in what order, by whom.
  • Emergency mode operation plan (R): how the practice keeps protecting ePHI while running on paper or a backup system.
  • Testing and revision (A): restore from backup and run the plan periodically, and fix what the test exposes.
  • Applications and data criticality analysis (A): which systems come back first. The EHR before the website.

What you do when the river floods. That's the short version of this requirement.Your engineer

What OCR looks for

If an investigation touches this requirement, the data request will ask for some or all of the following.

  • The written plans, approved and dated.
  • Backup configuration and job success records.
  • Restore test records with dates and results.
  • The criticality ranking of systems.

Where entities get caught

Ransomware settlements are contingency plan cases in disguise. OCR's 21 ransomware enforcement actions through July 2026 nearly all cite the risk analysis, and the recovery stories behind them turn on whether backups existed and had been tested.

Corrective action plans routinely require a contingency plan and periodic testing.

How to meet it at a small organization

Automated backups to a location the office network can't overwrite, with a restore test every quarter or at least every year, timed and written down. A one-page emergency mode procedure: how to see today's schedule, how to chart on paper, who to call, how to keep paper secure until it's keyed in. Rank your systems once.

Under the proposed Security Rule update

The proposal would require written procedures to restore critical systems and data within 72 hours, a criticality analysis to set restoration priority, backups no older than 48 hours with monthly testing, and separate technical controls for backup and recovery systems. The update was proposed in January 2025 and remains a proposal as of October 2026; see what's changing.

This page explains a federal regulation in plain language. It isn't legal advice, and AccuSights doesn't certify compliance; no one can. For every standard and specification, see the Security Rule, clause by clause.

With AccuSights: Backup completion is monitored as a control, restore tests are scheduled and recorded, the criticality ranking lives with the asset inventory, and the plans are drafted with the Policy Builder and reviewed by an in-house CISO.

Quick questions

Does HIPAA require backups?
Yes. The data backup plan is a required specification: procedures to create and maintain retrievable exact copies of ePHI. The rule doesn't specify frequency or technology; your risk analysis does. The proposed update would require backups no older than 48 hours.
Does HIPAA require disaster recovery testing?
Testing and revision procedures are an addressable specification, so you implement them unless you document why not and do something equivalent. A plan that's never been tested is the most common contingency plan finding, and the proposed update would require monthly backup testing.
What is an emergency mode operation plan?
The procedures that keep critical business processes running and ePHI protected while systems are down: paper charting, access to schedules and medication lists, who's in charge, and how paper records are secured and later entered.

Sources

Rules, figures and enforcement examples on this page were checked against these in October 2026. Regulations and prices change, so confirm before you rely on them.

  1. 45 CFR 164.308, administrative safeguards (eCFR)
  2. HHS: HIPAA Security Rule NPRM fact sheet
  3. HHS press release: OSF HealthCare settlement
  4. HHS: resolution agreements and civil money penalties
  5. HHS 405(d): Health Industry Cybersecurity Practices (HICP)

Written by the AccuSights compliance team and updated October 2026. Figures are quoted from the sources named here and were current when checked. This page is general information, not legal advice.

Next step

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Every Security Rule standard, with the required or addressable status, the evidence that proves it and a named engineer. One fixed fee.

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