Sarbanes-Oxley (SOX)
The Sarbanes-Oxley Act of 2002, also known as the Public Company
Accounting Reform and Investor Protection Act of 2002 (commonly
called SOX or Sarbox), is a United States federal law signed into
law on July 30, 2002 in response to a number of major corporate and
accounting scandals. Enacted to restore public confidence and trust
in our nation's corporate sector, the Act demands greater
accountability for financial management and reporting practices for
companies registered with the Securities and Exchange Commission
(SEC). The Act charges management with the responsibility for
annually assessing the design and operating effectiveness of
internal control over financial reporting and requires external
auditors to annually audit and issue a report on the effectiveness
of the company's internal controls.
Securance Consulting works
continuously with the Big 4 public accounting firms to understand
their approach, testing methodologies and required documentation to
ensure that your audit is completed efficiently, effectively, and
in accordance with public accounting standards, and the standards
set forth by the Public Company Accounting Oversight Board (PCAOB).
Many of our clients engage Securance for their SOX readiness
assessments as the public accounting industry has come to rely 100%
on the work performed by our consultants.
Gramm-Leach-Bliley Act (GLBA)
The Financial Modernization Act of 1999, also known as the
"Gramm-Leach-Bliley Act" or GLB Act, includes provisions to protect
consumers' personal financial information held by financial
institutions. There are three principal parts to the privacy
requirements: the Financial Privacy Rule, Safeguards Rule and
Pretexting provisions.
Our consultants specialize in
providing assistance to Internal Audit and Regulatory Compliance
Departments related to each aspect of the GLB Act. Our services
include general assessments of compliance readiness, development of
GLB Act continuous testing methodologies, specific scope, and
full-scope compliance reviews.
NAIC
Model Audit Rule Compliance
The National Association of Insurance Commissioners (NAIC) has
amended its Model Regulation Requiring Annual Audited Financial
Statements to include Sarbanes-Oxley Act requirements. The
amendments relate to auditor independence, corporate governance,
and internal control over financial reporting. The adopted
revisions require that insurance companies have an audit committee
and indicate that some audit committee members may need to be
independent from management. The adopted revisions also require
that insurance companies with $500 million or more in direct and
assumed premium file a report with the insurance department
regarding the company's assessment of internal control over
financial reporting. The exemption from internal control assessment
must be filed for and received from the domiciliary insurance
commissioner. The exemption may not be granted if risked-based
capital levels or company actions present a financial hazard. The
scheduled effective date is January 1, 2010.
Our consultants specialize in
providing assistance to Internal Audit and Regulatory Compliance
Departments related to each aspect of the Model Audit Rule. Our
extensive audit and SOX experience can significantly reduce the
costs associated with implementing an MAR compliance methodology.
Our focus is always on providing a cost effective and value driven
audit.
PCI
Compliance
The payment card industry compliance and validation regulations
apply to financial institutions, Internet vendors and retail
merchants. The rules spell out what security measures must be
taken to protect the private information of employers and employees
during any transaction occurring with the use of a paycard. They
also require certain auditing procedures. The Payment Card Industry
Data Security Standard is used by all card brands to assure the
security of the data gathered while a card member is making a
transaction at a bank or participating vendor.
The expense of compliance to the
Payment Card Industry Data Security Standard (PCI DSS) can be
substantial, especially for "Level I" (large) companies. The
penalties for noncompliance can vary from censure, to fines, to, in
the worse case, revocation of card issuance and payment processing
capabilities. However, as major data security breaches increase -
the threat to merchants and service providers can be far worse than
just financial costs. Litigation and the loss of consumer
confidence can be the most severe expense of all.
Securance leverages our people,
experience, technology, and intelligence to secure your critical
infrastructure as required by regulations and business needs. As a
result, your staff remains focused on strategic business
initiatives while Securance Consultants assess your devices with
real-time analysis and reporting. Our consultants are trained to
not only identify deficiencies, but also assist in remedying the
identified vulnerabilities to avoid card processing regulatory
penalties.
HITECH Act
In February 2009, President Obama signed into law an economic
stimulus package called the American Recovery and Reinvestment Act
(ARRA). Part of this law is the Health Information Technology for
Economic and Clinical Health Act (HITECH Act) of 2009 which
introduces the first federally mandated data breach notification
requirement. It also expands the reach of Healthcare Insurance
Portability and Accountability Act (HIPAA) data privacy and
security requirements to include companies like business associates
that can include health information exchange organizations,
regional health information organizations, or any vendor that
contracts with a covered entity to allow that covered entity to
offer a personal health record to patients as part of its
electronic health record. Services can include legal support,
accounting, IT, financial support, marketing and other areas. In
effect, these associates are now subject to the same requirements
for protected health information (PHI) data security as covered
entities - along with the same penalties for noncompliance covered
under HIPAA.
The HITECH Act requires that
patients be notified of any unauthorized acquisition, access, use,
or disclosure of their unsecured PHI that compromises the privacy
or security of such information. The HITECH Act defines unsecured
PHI as any PHI that is not secured by a technology standard that
renders it unusable, unreadable, or indecipherable to unauthorized
individuals and is developed or endorsed by a standards developing
organization that is accredited by the American National Standards
Institute.
Our consultants specialize in
providing assistance to Internal Audit and Regulatory Compliance
Departments related to each aspect of the HITECH Act. Our services
include general assessments of compliance readiness, development of
HITECH Act continuous testing methodologies, specific scope, and
full-scope compliance reviews.
Other
Compliance Expertise
Please contact us to learn about
other regulatory compliance requirements where we maintain
expertise.