S.D. Admin. R. 44:77:05:02
The facility shall maintain the confidentiality and safeguarding of resident records. A facility shall retain resident records for a minimum of ten years from the actual visit date of service or resident care. After the minimum retention period of ten years from discharge the resident record may be destroyed at the discretion of the facility. Before the destruction of the resident record, the facility shall prepare and retain a resident index or abstract that include the residents name and date of birth. If a facility ceases operation, the facility shall provide for safe storage and prompt retrieval of resident records and the resident indexes. The facility may arrange storage or transfer of resident records with another licensed health care facility, or at the request of the resident, relinquish resident records to the resident or the resident's parent or legal guardian, or arrange storage of remaining medical records with a third party vendor who undertakes such a storage activity. At least 30 days before closure, the facility shall notify the department in writing indicating the provisions for the safe preservation of resident records and their location and publish in a local newspaper the location and disposition arrangements of the resident records. If ownership of the facility is transferred, the new owner shall maintain the resident records as if there was not a change in ownership. The resident record shall include the following:
S.D. Admin. R. 44:77:05:02
General Authority: SDCL 34-12-13(10).
Law Implemented: SDCL 34-12-13(10).