Contingency Plan
The HIPAA-required plan covering data backup, disaster recovery, and emergency-mode operation when normal operations are disrupted.
1 min read · Last reviewed May 23, 2026
At a glance
- Category
- Security
- Primary sources
- 3
- Workspace handoff
- compliance binder →
Where this comes up
This sits inside the security risk analysis under 45 CFR 164.308(a)(1)(ii)(A) — workstation controls, EHR access roles, ePHI transmission encryption, audit logging, vendor risk, and incident response. Reviewers expect dated evidence of the control, not a policy PDF that says it exists.
Full definition
What it is in practice
45 CFR 164.308(a)(7) requires a Data Backup Plan, Disaster Recovery Plan, Emergency Mode Operation Plan, Testing and Revision Procedures, and Applications and Data Criticality Analysis. Together they ensure ePHI is recoverable and operations continue during incidents.
How it shows up in your practice
Test backups regularly — a tested restore is the only proof your plan works. Rank applications by criticality so recovery focuses on what keeps the practice running during an outage.
Sources
- 45 CFR 164.308 — Administrative safeguardshttps://www.ecfr.gov/current/title-45/section-164.308
- HHS — HIPAA Security Rulehttps://www.hhs.gov/hipaa/for-professionals/security/index.html
- NIST SP 800-66 Rev. 2 — HIPAA Security Rule Implementation Guidehttps://csrc.nist.gov/pubs/sp/800/66/r2/final
Build your contingency plan in the Compliance Binder
Open compliance binder →Related terms
- SecurityBackup and RecoveryProcedures to create and maintain retrievable exact copies of ePHI and to restore data and systems after a disruption.
- SecurityIncident Response PlanThe documented plan describing how a covered entity detects, contains, eradicates, and recovers from a security incident.
- SecurityRansomwareMalicious software that encrypts data or systems and demands payment for decryption; HHS guidance generally presumes a ransomware event on ePHI is a HIPAA breach.
- SecurityAdministrative SafeguardsPolicies and procedures designed to manage the selection, development, implementation, and maintenance of security measures protecting ePHI.
D3rx is a healthcare-billing and compliance research aid maintained by D3rx Inc. Articles are drafted by an LLM (Anthropic Claude) against primary HHS, OCR, CMS, eCFR, NIST, and state-regulator publications, and reviewed for restraint and source fidelity by the D3rx team.
Reviewer status: a named credentialed reviewer (CHC, CHPC, or healthcare attorney) is being engaged. Until that engagement is finalized, this page does not claim credentialed review.
Related across the archive
- GlossaryAdministrative SafeguardsPolicies and procedures designed to manage the selection, development, implementation, and maintenance of security measures protecting ePHI.
- GlossaryBackup and RecoveryProcedures to create and maintain retrievable exact copies of ePHI and to restore data and systems after a disruption.
- GlossaryIncident Response PlanThe documented plan describing how a covered entity detects, contains, eradicates, and recovers from a security incident.
- GlossaryRansomwareMalicious software that encrypts data or systems and demands payment for decryption; HHS guidance generally presumes a ransomware event on ePHI is a HIPAA breach.
- SRAHIPAA Contingency Plan for a Small PracticeWhat the Security Rule contingency plan standard at 45 CFR 164.308(a)(7) actually requires, including data backup, disaster recovery, emergency mode operation, and testing — for a small practice.
- GlossaryAccess ControlsTechnical policies and procedures that allow only authorized persons or software programs to access ePHI.
- ComplianceAnnual HIPAA Training Curriculum (What to Cover + How to Document)A 2026 annual HIPAA training curriculum for small healthcare practices — eight required modules under 45 CFR 164.530(b) and 45 CFR 164.308(a)(5), with documentation templates.
- RegulationNIST Cybersecurity Framework 2.0The 2024 update to the NIST CSF added the Govern function alongside Identify, Protect, Detect, Respond, and Recover — providing a common language for organizational cybersecurity risk management.
This glossary entry is a research aid for billing and compliance staff. It does not provide legal, medical, or financial advice and does not replace counsel. References cited link to primary sources at HHS, OCR, CMS, eCFR, NIST, and the relevant payer or industry body.