HIPAA (45 CFR Part 164) 164.528(d) — Documentation

What this control requires

Implementation specification: Documentation. A covered entity must document the following and retain the documentation as required by 164.530(j): (1) the information required to be included in an accounting under paragraph (b) of this section for disclosures of protected health information that are subject to an accounting under paragraph (a) of this section; (2) the written accounting that is provided to the individual under this section; and (3) the titles of the persons or offices responsible for receiving and processing requests for an accounting by individuals.

In plain English

Implementation specification: Documentation. In practice, this means you can prove you information management-level controls on a defined cadence.

Why it matters

HIPAA non-compliance is a strict-liability matter: OCR civil monetary penalties are assessed per-record per-violation (up to USD 1.9 million per identical-violation calendar year as of 2024), and willful neglect can trigger criminal referral.

What an auditor looks for

HHS OCR investigators and SOC-2+HIPAA auditors look for the specific 45 CFR § citation, whether the safeguard is required vs addressable (and if addressable, the documented decision), the implementation specification, the workforce member responsible, and the records that show it runs.

Within Privacy Rule, the assessor will trace your implementation back to the catalogue reference (§ 164.528(d)) and look for objective evidence on the latest two assessment cycles.

How to implement

Policy Management

Docs. Keep each policy in version-controlled Markdown alongside the code that implements it; ship a signed PDF snapshot at each annual review and link the SHA into the SoA.

Operational checklist

• Information. Document the trigger, the owner and the cadence.
• Policy. Document the trigger, the owner and the cadence.
• Documentation. Document the trigger, the owner and the cadence.
• Disclosures. Document the trigger, the owner and the cadence.
• Scope: management, individuals, policy, section, b.

Evidence to collect

• Policy Document. A signed and version-controlled policy / standard / procedure document.

Signed policy or standard documents the safeguard. Focus: Documentation.

Common pitfalls

• Policies that no engineer has read; the version in Confluence drifts from the version that's actually being enforced.

How it maps to other frameworks

Computed from shared tags, control component and key-operation subjects — handy when you are reconciling controls across an audit.

• NIST SP 800-53 Rev. 5 SC-15(4) — Explicitly Indicate Current Participants
• BSI C5:2020 SP-01 — Documentation, communication and provision of policies and instructions
• ISO/IEC 27001:2022 A.5.5 — Contact with authorities
• SOC 2 (2017 TSC) CC2.3 — External Communication on Internal Control Matters
• NIST SP 800-171 Rev. 3 3.5.11 — Authentication Feedback

Related controls in HIPAA (45 CFR Part 164)

• § 164.524(e) — Documentation
• § 164.530(d)(2) — Complaints to the Covered Entity
• § 164.530(g) — Refraining from Intimidating or Retaliatory Acts
• § 164.528(c) — Provision of the Accounting
• § 164.502(f) — Deceased individuals
• § 164.522(a)(2) — Terminating a Restriction

References

• U.S. HHS Office for Civil Rights — HIPAA (45 CFR Part 164)
• Catalogue identifier: § 164.528(d)

Topics: governance riskpolicy management