The facility must maintain the resident’s records in the following manner:

1. (1) Each resident shall have the right to inspect his or her records during normal business hours in accordance with state and federal law;
2. (2) The facility must not disclose any resident records maintained by the facility to any person or agency other than the facility personnel, the Office of Long-Term Care, or the office of the Attorney General except upon expressed written consent of the resident or his or her responsible party unless the disclosure is required by state or federal law, rule, or regulation;
3. (3) Each facility must provide a locked file cabinet or locked room for keeping resident’s medical, social, personal, and financial records;
4. (4) The facility must maintain the original records in an accessible manner for a period of five (5) years following the death or discharge of a resident;
5. (5) The original resident records shall be kept on the facility premises at all times, unless removed pursuant to subpoena;
6. (6) In the event of a change of ownership, the resident records shall remain with the facility;
7. (7) If the facility closes, the resident records shall be stored by the owner of the facility within the State of Arkansas for five (5) years; and
8. (8) The facility shall take reasonable actions to protect the resident records from destruction, loss, or unauthorized use.