S.D. Admin. R. 44:70:08:06

Current through Register Vol. 51, page 67, December 16, 2024
Section 44:70:08:06 - Disposition of care records on closure of facility or transfer of ownership

If a facility ceases operation, the facility shall provide for the safe storage and prompt retrieval of care records and the resident indexes specified in § 44:70:08:05. The facility may arrange storage of care records with another health care facility of the same licensure classification, transfer care records to another health care provider at the request of the resident, relinquish care records to the resident or the resident's legal representative, or arrange storage of remaining care records with a third party vendor who undertakes storage activity. At least thirty days before closure, the facility shall notify the department in writing indicating the provisions for the safe preservation of care records and the location of the care records, and shall publish or share in the local newspaper or community-known news source the location and disposition arrangements of the care records.

If ownership of the facility is transferred, the new owner shall maintain the care records as if there was not a change in ownership.

S.D. Admin. R. 44:70:08:06

38 SDR 115, effective 1/9/2012; 46 SDR 065, effective 11/26/2019; 50 SDR 019, effective 8/30/2023

General Authority: SDCL 34-12-13(10).

Law Implemented: SDCL 34-12-13(10).

Storage of care records, § 44:70:08:04.