Federal and State regulations require the retention of closed consumer files for a period of three years beginning with the date of the submission of the final expenditure report for the year during which the case was closed. The Division of Medicaid requires maintenance of record for a period of five (5) years. MDRS/OSDP will retain all case files for five (5) years.
If any litigation, claim, negotiation, audit, or other actions have been initiated before the expiration of the three-year period, the records will be retained until the completion of the action and resolution of all issues which arise or until the end of the regular five-year period, whichever is later.
All offices will be notified when the records of a particular year will be retained for the purpose of resolving any action initiated prior to the expiration of the five-year period.
The following situations may also require records to be retained longer than five (5) years from closure.
* Applicants closed from application status - Records must be retained for at least five years after the last annual review.
* Consumers closed from service status - Records must be maintained for at least five years after the last annual review.
* Applicants or consumers who received a Fair Hearing - Records must be maintained for at least five years after a final determination is made.
32 Miss. Code. R. 1.7