Q: Is THETA Backup Solutions' Remote Backup Software HIPAA Compliant?

A: First, it is important to understand that because remote backup services do not involve the use or disclosure of Private Health Information, and any access to PHI by a remote backup service provider would be incidental, if even possible, Remote Backup service providers are not considered to be Business Associates, and are therefore not covered by the HIPAA Privacy Rule. However, some Covered Entities may wish to have a Business Associate Contract in place regardless.

Remote Backup services do clearly fall within the requirements of the HIPAA Security Rule. Covered Entities had to become compliant with the Security Rule by April 21, 2005. THETA Backup Solutions' backup software and services are compliant today, and can, more importantly provide a foundation for overall compliance.

THETA Backup Solutions' remote backup software complies with the Final Security Rule.

THETA Backup Solutions' software compresses and encrypts (using 448 bit “Blowfish”encryption which is the most secure encryption available) data before it is sent to the THETA RBackup Server. The Encryption Key is known only to the customer, and is never transmitted to the server. Data is stored on this server in compressed and encrypted archives that are not accessible by any THETA Backup Solutions staff or any other party.

THETA Backup Solutions' remote backup software is adequate for helping companies comply with the Final Security Rule. THETA Backup Solutions also complies with the Privacy section, even though as a provider is not a "Covered Entity" as defined by the current rules, and thus is not required to comply with it.

In addition, THETA Backup Solutions can help customers comply with other provisions of the rules as part of a larger data protection and disaster recovery plan. At the time of this writing there is no "HIPAA Compliance" certification for backup software, and it is important to note that under the current rules, no software is truly "HIPAA compliant," because there are no regulations that specifically address backup and privacy software.

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