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HIPAA guide

HIPAA device and media controls requirement: 45 CFR 164.310(d)

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 164.310(d)
Standard
Device and media controls, 164.310(d)(1)
Safeguard
Physical safeguards
Type
Standard, with two required and two addressable specifications

What the rule says

Implement policies and procedures that govern the receipt and removal of hardware and electronic media that contain electronic protected health information into and out of a facility, and the movement of these items within the facility.45 CFR 164.310(d), as currently in force

In plain English: Know where every device and drive that holds patient information is, control what happens when it moves, and make sure the data is really gone before anything is thrown out, sold, returned or reused.

What it means in practice

  • Disposal (R): wipe or destroy ePHI before a device or drive leaves your control, and keep the certificate or record.
  • Media re-use (R): wipe before a device is reassigned to another person or purpose.
  • Accountability (A): an inventory that says who has what, and a record of movements.
  • Data backup and storage (A): back up ePHI before moving equipment.
  • Covers more than laptops: phones, USB drives, backup drives, imaging workstations, servers, and the hard drives in copiers and fax machines.

Where the laptops go when they leave the pond. 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 device and media inventory, current.
  • Disposal and destruction certificates.
  • Wipe records for reused devices.
  • Encryption status per device, which makes loss far less costly.

Where entities get caught

Historically the largest category of breaches was lost or stolen unencrypted devices, and OCR's million-dollar settlements of the 2010s were mostly laptops. Copiers returned to a leasing company in 2010 with their hard drives intact cost a health plan $1.2 million in a 2013 settlement.

Shen Smiles, 2026: paper records stored in plastic bins on the floor and in a bathroom. The citation was the Privacy Rule's safeguards standard, 164.530(c), rather than this section, but the lesson is the same: a small dental practice paid $140,000.

How to meet it at a small organization

One spreadsheet or the platform's inventory: device, serial, user, location, encrypted yes or no, date disposed, how. Encrypt everything portable, because an encrypted lost device isn't a reportable breach. When the copier lease ends, get the drive wiped or removed, in writing.

Under the proposed Security Rule update

The proposal would require a written technology asset inventory and network map updated at least every 12 months, which absorbs the accountability specification and makes it mandatory. 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: The endpoint agent builds and maintains the device inventory with encryption and screen-lock status for each machine, and disposal records attach to the asset so the chain is complete.

Quick questions

Does HIPAA require a device inventory?
The accountability specification, which calls for records of hardware and media movements, is addressable, meaning implement it or document why not and do the equivalent. In practice an inventory is the only way to do a thorough risk analysis, and the proposed update would require one explicitly.
How do you dispose of devices under HIPAA?
Render the ePHI unreadable before the device leaves your control: cryptographic erasure of encrypted drives, secure wiping to a recognized standard, or physical destruction, and keep a record or certificate. HHS points to NIST's media sanitization guidance.
Are copiers and fax machines covered?
Yes, if they store images on internal drives, which most office machines do. Treat them as devices in the inventory and make sure drives are wiped or removed at the end of a lease or before disposal.

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 164.310, physical safeguards (eCFR)
  2. HHS: HIPAA Security Rule NPRM fact sheet
  3. HHS press release: Shen Smiles settlement
  4. HIPAA Journal: Shen Smiles pays $140,000 to resolve HIPAA Privacy Rule violations
  5. HHS: Guidance to render unsecured PHI unusable, unreadable or indecipherable
  6. HHS: resolution agreements and civil money penalties

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

Want this requirement met and evidenced?

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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