If a facility ceases operation, the facility must provide for safe storage and prompt retrieval of medical records and the resident indexes specified in § 44:73:09:06. The facility may arrange storage of medical records with another health care facility of the same licensure classification, transfer medical records to another health care provider at the request of the resident or the resident's legal representative, relinquish medical records to the resident or the resident's legal representative, or arrange storage of remaining medical records with a third-party vendor who provides secure storage of health care records. At least sixty days before closure, the facility shall notify the department in writing indicating the provisions for the safe preservation of medical records and the record's location and publish in the nearest legal newspaper or share on the facility's website the location and disposition arrangements of the medical records.
If ownership of the facility is transferred, the new owner must maintain the medical records in accordance with this chapter.
S.D. Admin. R. 44:73:09:09
General Authority: SDCL 34-12-13(10).
Law Implemented: SDCL 34-12-13(10).
Storage of medical records, § 44:73:09:07.