Choosing Offsite Records Storage Management

http://outsourcingworld.biz/2010/04/offsite-records-storage-management/

by Out­sourc­ing World

One of the first things to do when decid­ing on which com­pany to choose when it comes to out­sourc­ing the man­age­ment of you sen­si­tive data and doc­u­ments is to visit the premises you are con­sid­er­ing to see exactly how things work.

Most stor­age com­pa­nies will have a vari­ety of ways to man­age and store infor­ma­tion. This is due to the types of infor­ma­tion that they store. Not all files that are kept by a com­pany will need to be retrieved for use at a later date; there­fore, how this infor­ma­tion is stored may be dif­fer­ent to a sys­tem used to store infor­ma­tion that is likely to be required again.

Archiv­ing infor­ma­tion which is no longer needed for retrieval may be stored in secure boxes so when the times comes where they are no longer required to keep by law, they can be eas­ily destroyed.

Infor­ma­tion that may be required for retrieval, such as med­ical records, can be stored in an open shelv­ing envi­ron­ment so that it is alot eas­ier to find that infor­ma­tion when it is needed. It isn’t always nec­es­sary to send an employee along to the off­site records stor­age com­pany to retrieve a doc­u­ment as more often than not, these com­pa­nies can pro­vide a ser­vice where they can deliver this infor­ma­tion to you in the space of a few hours.

It would be a good idea to write a list before vis­it­ing a stor­age com­pany with ques­tions so that you know exactly how your infor­ma­tion is going to be han­dled. Find out about what secu­rity sys­tems they have in place to ensure the safety of your doc­u­ments. What secu­rity is offered when the end of the work­ing day comes and all of the employ­ers have gone home?

Ask ques­tions relat­ing to how the infor­ma­tion is going to be man­aged. Most stor­age com­pa­nies will have a bar-coding sys­tem which enables your infor­ma­tion to be stored, man­aged and retrieved eas­ily. You can take a look around the premises to see how this works in action as well as see how where your infor­ma­tion will be stored.

Off­site records stor­age com­pa­nies store all kinds of dif­fer­ent infor­ma­tion in a vari­ety of for­mats for a wide range of com­pa­nies. On many occa­sions they hold infor­ma­tion with people’s per­sonal details relat­ing to all kinds of dif­fer­ent sit­u­a­tions. Even for a com­pany to hold med­ical records will give you a good idea of the type of secu­rity that needs to be in place to ensure this infor­ma­tion is not lost or damaged.

These com­pa­nies take on a great respon­si­bil­ity when stor­ing this kind of infor­ma­tion, so they fully under­stand the require­ments of the busi­nesses they store doc­u­ments for. How­ever, it is always still advis­able to visit a stor­age com­pany before you decide which one you will use. This then helps you see every­thing in action as well as dif­fer­ent types of stor­age and man­age­ment sys­tems they offer to find out which best will suit your requirements.

Most stor­age com­pa­nies will also prove to be more cost effec­tive than man­ag­ing your own infor­ma­tion if you accu­mu­late alot of data which is required by law to store for a num­ber of years. Stor­ing and man­ag­ing your own infor­ma­tion can become quite costly, so out­sourc­ing your records man­age­ment and stor­age to a pro­fes­sional com­pany could not only keep your infor­ma­tion well man­aged, but when you look at how much it might cost you for self stor­age, it is likely you will be sav­ing valu­able money by using an off site business.

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Iron Mountain Reports First Quarter 2010 Financial Results Company delivers 7% revenue growth and 11% increase in Adjusted OIBDA

Iron Moun­tain Reports First Quar­ter 2010 Finan­cial Results
Com­pany deliv­ers 7% rev­enue growth and 11% increase in Adjusted OIBDA

BOSTON, Apr 29, 2010 (BUSINESS WIRE) — –First quar­ter Adjusted EPS increases 19% to $0.23 per diluted share com­pared to Q1/2009; reported earn­ings are $0.12 per diluted share

–Com­pany on track towards solid full-year per­for­mance; refines 2010 guid­ance to reflect impacts of Chilean earthquakes

Iron Moun­tain Incor­po­rated /quotes/comstock/13*!irm/quotes/nls/irm (IRM 26.31, –1.69, –6.04%) , an infor­ma­tion man­age­ment ser­vices com­pany, today reported its finan­cial results for the first quar­ter ended March 31, 2010. The Com­pany announced 7% rev­enue growth, in line with expec­ta­tions, and strong Adjusted OIBDA (defined below) and oper­at­ing income growth of 11% and 9%, respec­tively, com­pared to the first quar­ter of 2009 (see Appen­dix B). These results were sup­ported by improved inter­nal rev­enue growth of 4% and sus­tain­able ben­e­fits from oper­a­tional ini­tia­tives which drove strong gross mar­gin gains. Solid oper­at­ing profit gains and con­trolled cap­i­tal expen­di­tures drove $54 mil­lion of free cash flow before acqui­si­tions and dis­cre­tionary invest­ments (FCF) in the first quar­ter (See Appen­dix B). The Com­pany refined its full-year 2010 out­look to reflect the impacts of the recent earth­quakes on its Chilean business.

“Iron Moun­tain deliv­ered improved rev­enue growth and con­tin­ued strong profit gains and cash flow in the first quar­ter. We are on track towards solid full-year finan­cial per­for­mance,” said Bob Bren­nan, pres­i­dent and CEO. “We remain focused on improv­ing our growth tra­jec­tory in 2010 by dri­ving aggres­sively against new busi­ness oppor­tu­ni­ties while advanc­ing our long-term strate­gic agenda.”

Key Finan­cial High­lights — Q1 2010

Iron Moun­tain reported total con­sol­i­dated rev­enues of $777 mil­lion for the first quar­ter, a 7% increase over the prior year period, sup­ported by 4% total inter­nal rev­enue growth. Stor­age rev­enue inter­nal …
Read more here … http://www.marketwatch.com/story/iron-mountain-reports-first-quarter-2010-financial-results-2010–04-29?reflink=MW_news_stmp

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Insurer rejects claims related to stolen U. medical records

Insurer rejects claims related to stolen U. med­ical records
Theft » U. still works with Sandy firm whose employee mis­han­dled transport.

By Brian Maffly

The Salt Lake Tri­bune
Updated: 04/28/2010 07:09:41 PM MDT

A Col­orado insur­ance com­pany con­tends it is not oblig­ated to cover astro­nom­i­cal costs incurred by the Uni­ver­sity of Utah in 2008 after car bur­glars stole med­ical billings records filed with sen­si­tive per­sonal infor­ma­tion on 1.7 mil­lion patients.

U. offi­cials want Per­pet­ual Stor­age to reim­burse the uni­ver­sity more than $3.3 mil­lion. That’s how much the school spent noti­fy­ing patients of the theft and pro­vid­ing credit mon­i­tor­ing to any who asked, accord­ing to a suit filed by the firm’s insurer, Col­orado Casu­alty Insur­ance Co., in U.S. Dis­trict Court.

The insurer insists the claim is not cov­ered by Perpetual’s pol­icy and is seek­ing a judi­cial rul­ing to sup­port its position.

“This is not an uncom­mon thing. Insur­ance com­pa­nies don’t want to pay claims,” said Perpetual’s lawyer Steve McMur­ray. “We will defend this aggres­sively. We think there is coverage.”

The suit does not chal­lenge the mer­its of the U.‘s claims and the insurer has retained coun­sel to defend Per­pet­ual against them, McMur­ray said. Mean­while, the U. con­tin­ues to do busi­ness with Perpetual.

“We would be dis­ap­pointed if a judge rules in favor of the insur­ance com­pany. We would prob­a­bly pur­sue other legal means,” said Chris Nel­son, a spokesman for Uni­ver­sity Hos­pi­tals and Clin­ics. “The hos­pi­tal has had to bear those costs so we have been aggres­sive as we can to recoup those costs.”

The money was pulled from clin­i­cal rev­enues over two fis­cal years, and the loss
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did not affect tax­pay­ers and the university’s aca­d­e­mic mis­sion. Still, the expenses meant less was invested in the university’s clin­i­cal mis­sion, Nel­son said.

Per­pet­ual is a Sandy-based com­pany that spe­cial­izes in long-term stor­age of busi­ness records, using climate-controlled vaults dug into the gran­ite walls of Lit­tle Cot­ton­wood Canyon.

In vio­la­tion of com­pany poli­cies, a Per­pet­ual courier left elec­tronic U. patient records, stored on mag­netic tapes and secured in a metal box, in his per­sonal vehi­cle overnight in June 2008, police reported. Thieves broke into the car, parked out­side a Kearns res­i­dence, and made off with the box, whose con­tents cov­ered 16 years worth of hos­pi­tal and clinic billings. The records were filled with Social Secu­rity num­bers, dates of birth and pro­ce­dure codes that tech-savvy crim­i­nals could use to steal patients’ identities.

The theft was Perpetual’s only loss in 40 years of busi­ness, McMur­ray said.

Police arrested the thieves and recov­ered the tapes a month later, report­ing that there was no evi­dence the records had been com­pro­mised or misused.

The heist earned the two cul­prits jail sen­tences and resti­tu­tion lim­ited to the $500 value of the metal box. But the crime was not solved in time to spare the U. the oblig­a­tion of con­tact­ing thou­sands of patients.

Accord­ing to the insurer’s suit, the U. claims it gen­er­ated 6,232 in per­son­nel hours respond­ing to “the Inci­dent” and spent $646,149 on print­ing and mail­ing costs and another $81,389 on a phone bank to field more than 11,000 calls over two weeks. But the big hit was nearly $2.5 mil­lion for credit-monitoring ser­vices for those whose Social Secu­rity num­bers could have been poached.

“Had [Per­pet­ual] fol­lowed their own pro­to­cols, this would not have hap­pened,” Nel­son said. “That indi­vid­ual was the weak link. The com­pany has served us well and con­tin­ues to do so.”

After the crime, the uni­ver­sity sus­pended its deal­ings with Per­pet­ual, stored sen­si­tive mate­ri­als on cam­pus and sent teams to its vaults to assess their secu­rity, Nel­son said. Offi­cials decided to resume its rela­tion­ship with the stor­age out­fit because the its vaults proved safe from thieves and nat­ural disasters.

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Negotiating an ASP/SaaS Agreement for Storage of Electronic Medical Records

Tues­day, April 20, 2010

Hos­pi­tals and other health care providers are con­vert­ing mil­lions of paper records into dig­i­tal form, and cre­at­ing oth­ers in orig­i­nal dig­i­tal form. All these records must be stored some­where, and health care providers need ready access to them. There are at least two stor­age options. One is for a hos­pi­tal to install and oper­ate the nec­es­sary soft­ware and records data­base on its own servers; the other is to out­source that func­tion to a host, which will install the soft­ware and data­base on its servers and give the hos­pi­tal access to them, in an Appli­ca­tion Ser­vice Provider (ASP) arrange­ment (also known as Software-as-a-Service or SaaS). The dif­fer­ence between these options is that in the first arrange­ment, the hos­pi­tal licenses a prod­uct (soft­ware); in the sec­ond, it sub­scribes to a ser­vice (access to the soft­ware and data­base on the vendor’s servers). The pros and cons of each arrange­ment are out­side the scope of this arti­cle. But when a hos­pi­tal elects an ASP/SaaS arrange­ment for stor­age of its patients’ med­ical records, the impli­ca­tions are quite dif­fer­ent from those pre­sented by the use of an ASP/SaaS arrange­ment by a non-health care entity stor­ing other types of records. This arti­cle offers a short sum­mary of those impli­ca­tions, and sug­gests an approach to deal­ing with each.

Access to Patient Records. The most sig­nif­i­cant dif­fer­ence lies in the impor­tance to a health care provider of untram­meled access to its patients’ med­ical records. In most ASP arrange­ments, there is a pro­vi­sion in the agree­ment to the effect that in the event of non-payment or other dis­pute, the ven­dor can sus­pend the customer’s access to its records (no pay­ment, no ser­vice, the argu­ment goes). One can under­stand the vendor’s point of view. But where a hos­pi­tal is con­cerned, and lives depend on the infor­ma­tion in those records, los­ing access to them – even tem­porar­ily, dur­ing the res­o­lu­tion of a dis­pute — would be unten­able. Sug­ges­tion: nego­ti­ate a pro­vi­sion to the effect that the ven­dor will not with­hold or restrict access to patient records in its pos­ses­sion for any rea­son, under any cir­cum­stances; and where non-payment is con­cerned, pro­vide that the ven­dor will not sus­pend or ter­mi­nate access in the event of a good faith dis­pute between the par­ties of which the hos­pi­tal gives the ven­dor notice in writing.

Accept­able Use Pol­icy. ASP arrange­ments often incor­po­rate by ref­er­ence an Accept­able Use Pol­icy, or AUP, which pro­vides that under cer­tain cir­cum­stances, the ven­dor may block a health care provider’s access to its sys­tem (and thus, its patients’ records). This pol­icy is designed to pro­tect the ven­dor in the event that a user engages in any one of a vari­ety of unac­cept­able behav­iors that expose the ven­dor to risk. Those behav­iors might include infring­ing on the intel­lec­tual prop­erty rights of third par­ties, engag­ing in ille­gal activ­i­ties, trans­mit­ting infor­ma­tion that is obscene or vio­lates the pri­vacy rights of third par­ties, pro­mot­ing fraud­u­lent finan­cial schemes, inter­fer­ing with the vendor’s net­work, etc. A ven­dor has good rea­son to take steps to pro­tect itself — but those steps gen­er­ally include block­ing the hospital’s access to the vendor’s sys­tem. Sug­ges­tion: nego­ti­ate a pro­vi­sion lim­it­ing the cir­cum­stances under which the ven­dor can block the health care provider’s access to its sys­tem to one or more of the fol­low­ing: (i) block­ing access by the par­tic­u­lar user believed to have vio­lated the AUP, (ii) block­ing access when the par­ties agree that the con­duct of the user con­sti­tutes crim­i­nal activ­ity and the ven­dor could be found to be engaged in a crime by virtue of pro­vid­ing the hosted ser­vices, or (iii) block­ing access imme­di­ately and with advance writ­ten notice to the health care provider, fol­low­ing issuance of a court order per­mit­ting the ven­dor to do so.

Dis­as­ter Recov­ery Plan. Con­sis­tent with the notion that it must pre­serve con­tin­u­ous access to its records, a hos­pi­tal or health care provider should be sure its ASP ven­dor is con­trac­tu­ally oblig­ated to pro­vide a copy of its dis­as­ter recov­ery plan, that the plan com­plies with appro­pri­ate guide­lines for infor­ma­tion tech­nol­ogy dis­as­ter recov­ery plans and that the ven­dor pro­vides the hos­pi­tal or health­care provider annu­ally and at no charge with a state­ment from its audi­tors regard­ing the vendor’s com­pli­ance with its dis­as­ter recov­ery plan.

Sun­set­ting. In the inter­est of avoid­ing dis­rup­tion in its access to its patients’ records, a hos­pi­tal or health care provider may want to seek assur­ances that the ASP ven­dor will not cease to offer its ser­vices in the mar­ket­place (known as “sun­set­ting”) for some period of time. For exam­ple, the hos­pi­tal may nego­ti­ate a pro­vi­sion to the effect that the ven­dor will pro­vide twelve months’ advance writ­ten notice prior to sun­set­ting any com­po­nent (or all) of its ser­vice, and will not give that notice for three years from the date the arrange­ment is entered into. The incen­tive for a ven­dor to honor a sun­set­ting pro­vi­sion is a promise to refund to the hos­pi­tal or health care provider a por­tion of the fees paid to the ven­dor in the event it ceases offer­ing its ser­vices pre­ma­turely, such por­tion to decline with the pas­sage of time.

Tran­si­tion Assis­tance. All rela­tion­ships come to an end, and a hospital’s access to its patients’ records can become an issue when its rela­tion­ship with an ASP ven­dor ends, espe­cially if the end is unex­pected or the result of a dis­pute. Con­sis­tent with the notion that it must pre­serve con­tin­u­ous access to its records, the hos­pi­tal should nego­ti­ate a pro­vi­sion to the effect that upon ter­mi­na­tion for any rea­son, the ven­dor will assist the hos­pi­tal in the orderly tran­si­tion to a new ven­dor. That assis­tance should take the form of access to the vendor’s sys­tem and the vendor’s sup­port of that sys­tem for up to six (6) months fol­low­ing ter­mi­na­tion (or what­ever period of time the hos­pi­tal expects it would need to tran­si­tion to a new ven­dor), for which ser­vices the hos­pi­tal can be expected to pay the ven­dor at its then-current hourly rate.

Indem­ni­fi­ca­tion. Finally, there is another dis­tinc­tion between hospitals/health care providers and other com­pa­nies (banks, for exam­ple) enter­ing into ASP arrange­ments. Many hos­pi­tals and health care providers – and not just those asso­ci­ated with uni­ver­si­ties — are non­profit orga­ni­za­tions. For profit orga­ni­za­tions are owned by share­hold­ers or mem­bers who accept some level of risk in exchange for the expec­ta­tion of a return on their invest­ments. One of those risks is that in the event the orga­ni­za­tion incurs lia­bil­ity in some form, it may be called upon to indem­nify those to whom it is liable, result­ing in a reduc­tion in the investors’ return. Non­profit orga­ni­za­tions have no share­hold­ers who expect a return on invest­ment. Indeed they are pro­hib­ited by law from direct­ing earn­ings to the pri­vate ben­e­fit of those inter­ested in their activ­i­ties. The result is that the finan­cial struc­ture of a non­profit orga­ni­za­tion is quite dif­fer­ent from that of a for profit orga­ni­za­tion. Sug­ges­tion: in cases in which the hos­pi­tal or health care provider oper­ates on a non­profit basis, take the posi­tion that it is not in a posi­tion to defend, indem­nify or hold harm­less the ASP ven­dor from any dam­ages of any kind.

As health care providers accu­mu­late patient records in dig­i­tal form, the ques­tion of where to store them becomes crit­i­cal, because the party that houses the records con­trols access to them. When con­sid­er­ing stor­age under an ASP arrange­ment, health care providers need to be aware of the lim­i­ta­tions on access typ­i­cally found in ASP agree­ments – and that those lim­i­ta­tions can be suc­cess­fully negotiated.

Anne Davies Newman

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Missing transfer orders ‘may take years’ to find

Miss­ing trans­fer orders ‘may take years’ to find

By JULIET O’NEILL, Can­west News Ser­viceApril 28, 2010

Records of Afghan detainee trans­fer orders show­ing whether Cana­dian mil­i­tary com­man­ders took the risk of tor­ture into account are buried in sea ship­ping con­tain­ers and “may take years” to locate, the Mil­i­tary Police Com­plaints Com­mis­sion was told yesterday.

The rev­e­la­tion by Major Denis Gagnon emerged when he was closely ques­tioned by lawyer Paul Champ, who said the com­mis­sion is on the verge of decid­ing whether it has to sus­pend pub­lic hear­ings, partly because of miss­ing and delayed doc­u­ments from the Defence Department.

Gagnon said the doc­u­ments are “all thrown together in a stor­age bin, a sea con­tainer,” and an assess­ment of how long it would take to cat­a­logue doc­u­ments and iden­tify the records requested by the com­mis­sion may take years.

Ear­lier, a senior mil­i­tary offi­cial tes­ti­fied that some Afghan detainee doc­u­ments requested by the com­mis­sion have been delayed to ensure no infor­ma­tion gets out that could jeop­ar­dize the secu­rity of troops in Afghanistan.

“We know full well that Canada’s ene­mies are ready to use that kind of infor­ma­tion against our troops that are deployed there,” Brig. Gen. Richard Blanchette said. “That is why there have been cer­tain delays in pro­duc­ing those documents.”

The com­mis­sion was also told that Defence offi­cials are screen­ing out doc­u­ments that mil­i­tary police would not have seen in the course of their duties.

Gagnon said he makes the deci­sion on what mil­i­tary police would have seen based on his per­sonal expe­ri­ence and his knowl­edge of com­mu­ni­ca­tions chan­nels within the mil­i­tary chain of com­mand and com­mu­ni­ca­tions links with the For­eign Affairs Department.

Read more: http://www.montrealgazette.com/news/Missing+transfer+orders+take+years+find/2958734/story.html#ixzz0mPukzgUN

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