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HIPAA guide

HIPAA policies, procedures and documentation requirement: 45 CFR 164.316

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 164.316
Standard
164.316(a) and (b)
Safeguard
Documentation requirements
Type
Standards, with three required specifications

What the rule says

(i) Maintain the policies and procedures implemented to comply with this subpart in written (which may be electronic) form; and (ii) if an action, activity or assessment is required by this subpart to be documented, maintain a written (which may be electronic) record of the action, activity, or assessment. [164.316(b)(1)] Retain the documentation required by paragraph (b)(1) of this section 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, as currently in force

In plain English: Write your security policies down, write down the things the rule makes you do, keep all of it for six years after it stops being current, make it available to the people who need it, and update it when things change.

What it means in practice

  • Policies and procedures (a): written, reasonable and appropriate, and changeable as long as changes are documented.
  • Documentation (b)(1): policies, plus records of required actions, activities and assessments: the risk analysis, risk management plan, training records, log reviews, access reviews, restore tests, incident records, BAAs.
  • Time limit (R): six years from creation or from the date the document was last in effect, whichever is later.
  • Availability (R): the people responsible for implementing a procedure can get to it.
  • Updates (R): review periodically and update in response to environmental or operational changes.

Six years is how long the hippo remembers. 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.

  • A policy register with approval dates and versions.
  • A documentation index showing where each required record lives and its retention.
  • Superseded versions, retained.
  • Evidence of periodic review.

Where entities get caught

Shen Smiles, $140,000, 2026: no written privacy policies the practice could produce. Every corrective action plan requires six-year retention of the documents it generates.

In many investigations the finding isn't that a control was absent; it's that the entity couldn't produce the document that showed the control existed on the relevant date.

How to meet it at a small organization

Keep one folder structure, physical or digital, that mirrors the Security Rule: a section per standard, the current policy on top, superseded versions behind it, and the records that prove activity in each. Date everything. Never delete a superseded policy within six years of replacing it. The platform can be that folder.

Under the proposed Security Rule update

The proposal would require written documentation of all policies, procedures, plans and analyses, reviewed at least every 12 months, with the retention rule unchanged. 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 documentation pack in the platform is indexed to the Security Rule, versions are kept automatically, and each record carries its retention date, so the six-year rule stops being something anyone has to remember.

Quick questions

What is the HIPAA six-year rule?
The Security Rule's documentation must be retained for six years from the date it was created or the date it was last in effect, whichever is later. The Privacy Rule has the same rule for its documentation. It covers policies, procedures and records of required activities, not medical records, whose retention is set by state law.
Does the six-year rule apply to audit logs?
Not expressly. Raw system logs aren't documentation required by the subpart; the record that you reviewed them is. Set log retention through your risk analysis. Many organizations keep logs six years anyway to avoid the argument.
Do HIPAA policies have to be reviewed annually?
The current rule says periodically and in response to changes, with no interval. Annual review is standard practice, what corrective action plans require, and what the proposed Security Rule update would mandate.

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 164.316, policies, procedures and documentation (eCFR)
  2. 45 CFR 164.530, Privacy Rule administrative requirements (eCFR)
  3. HHS: HIPAA Security Rule NPRM fact sheet
  4. HHS press release: Shen Smiles settlement
  5. HIPAA Journal: Shen Smiles pays $140,000 to resolve HIPAA Privacy Rule violations
  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

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