HIPAA Contingency Plan Standard (45 CFR 164.308(a)(7))
Required plans for responding to emergencies and other occurrences (fire, vandalism, system failure, natural disaster) that damage systems containing ePHI.
Primary source
45 CFR 164.308(a)(7) — eCFR →https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-C/section-164.308#p-164.308(a)(7)
Verified May 23, 2026 · This is the authoritative regulator URL. The summary below is a research aid; the linked source controls.
45 CFR 164.308(a)(7)(7)) requires covered entities and business associates to establish (and implement as needed) policies and procedures for responding to emergencies that damage systems containing ePHI.
Required specifications: data backup plan (procedures to create and maintain retrievable exact copies of ePHI); disaster recovery plan (procedures to restore data); emergency mode operation plan (procedures to enable continuation of critical business processes while operating in emergency mode).
Addressable specifications: testing and revision procedures; applications and data criticality analysis (assess the relative criticality of specific applications and data in support of other contingency plan components).
The 2024 Change Healthcare ransomware incident demonstrated the operational cost of weak contingency planning across thousands of downstream providers. Tested backups, documented recovery time and recovery point objectives, and validated emergency mode operations are baseline; anything less is exposure. OCR has cited absent or untested contingency plans in multiple ransomware-related enforcement actions.
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Related across the archive
- RegulationHIPAA Administrative Safeguards (45 CFR 164.308)Nine standards covering security management, workforce security, training, contingency planning, incident procedures, evaluation, and business associate contracts.
- RegulationHIPAA Security Risk Analysis Standard (45 CFR 164.308(a)(1)(ii)(A))Required implementation specification: conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of ePHI.
- RegulationHIPAA Security Rule: General Rules (45 CFR 164.306)Required objectives — confidentiality, integrity, and availability of ePHI — plus the flexibility provisions that govern how covered entities select and implement specific safeguards.
- RegulationHIPAA Security Access Control (45 CFR 164.312(a))Technical policies and procedures for systems containing ePHI to allow access only to those granted access rights, with required specifications for unique user identification and emergency access.
- ComplianceHIPAA Contingency Plan Template — 45 CFR § 164.308(a)(7)2026 HIPAA contingency plan template — 45 CFR § 164.308(a)(7) data backup, DRP, emergency mode, testing, and applications/data criticality analysis.
- 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.
- BillingBusiness Associate Agreement Checklist for Small PracticesA working checklist for small practices to identify which vendors need a Business Associate Agreement, what clauses the BAA must contain, and how to track them.
Last reviewed May 23, 2026 · Citation verified May 23, 2026
Research aid, not legal advice. This summary is an administrative research aid prepared by D3rx. It does not certify compliance, provide legal advice, replace counsel, or guarantee an audit outcome. For authoritative regulatory text follow the primary source link at the top of this page. The practice remains responsible for reviewing, adopting, and maintaining its compliance program.