Every regulated industry answers to someone:
- A hospital answers to auditors and payers
- A public company answers to shareholders and the SEC
- A law firm answers to the bar and its own clients
While the oversight is unique in each case, like we discussed earlier, the underlying question is always the same one: can you show, with evidence, the work your team performed?
Healthcare teams
Under HIPAA's Security Rule, healthcare organizations are expected to track who accessed protected health information, tie that access to a specific, identifiable person, and cut it off the moment someone's role changes or their employment ends.
This is how a hospital proves, after the fact, that the right people were doing the right work with sensitive patient data.
The requirement to regularly review that activity, not just collect it, is a real struggle that can lead to severe consequences.Β
The Conduent Business Services data breach is one example: hackers had access to the companyβs network for three months before anyone noticed, after which it took another ten months to determine that more than 62 million people had been affected.
The same principle shows up differently for home health and field-based care teams. Geofenced, GPS-enabled time tracking that confirms a caregiver was at a patient's location during a visit is a strong way to match what gets billed with the care given.
Finance and accounting teams
Inconsistent records are one of the most common causes of billing disputes. When they happen, it's often for the same reason: the record was reconstructed after the work had already been done, instead of captured while the work was happening.
This problem persists for publicly traded companies too, but with much higher stakes. Section 404 of Sarbanes-Oxley (SOX) requires management to personally assess whether its financial controls are functioning, and federal law separately makes it a crime to alter or destroy records once an investigation is anticipated.
In practice, this appears as block billing: vague, bundled time entries that clients and others have developed the muscle to distrust. For remote or hybrid finance teams, there's nobody nearby to keep watch before it becomes a dispute. The record has to do the job a manager watching over each team memberβs back used to do.
Legal teams
In federal court, Rule 37 of the Federal Rules of Civil Procedure allows a judge to sanction a firm that fails to preserve electronic records once litigation is reasonably foreseeable, sometimes before a lawsuit has even been filed.
This act of preserving electronic records can manifest in smaller (yet no less important) incarnations like a paralegalβs billing entries matching the matter they were logged against or a file access log that has a record of people who accessed which files and when.
Firms are often uneasy with anything that sounds like monitoring, and for good reason: lawyers have built careers on discretion. That said, there's a big difference between watching someone as they work and simply being prepared to answer a question later, and recordkeeping is designed for the latter.