44:70:08:06Disposition of care records on closure of facility or transfer of ownership.

If a facility ceases operation, the facility must provide for the safe storage and prompt retrieval of care records and the resident indexes and abstract 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 provides secure storage of healthcare records. 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 nearest newspaper or the facility's website the location and disposition arrangements of the care records. If ownership of the facility is transferred, the new owner must maintain the care records in accordance with this chapter.

Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019; 50 SDR 19, effective August 30, 2023.