1. (a) A provider shall maintain records for each person served. These records shall include the following:

   1. (1) any application or agreement for services;
   2. (2) any financial agreement made between the provider and the person;
   3. (3) any incident or accident reports;

   4. (4) a health profile, which shall be reviewed for accuracy by a licensed medical practitioner at least every two years, and shall include the following:

      1. (A) notations regarding the person's health status;
      2. (B) any medications the person takes; and
      3. (C) any other special medical or health considerations which might exist for that person;
   5. (5) basic assessment and service information system (BASIS) documents and other evaluation materials;
   6. (6) the person's person-centered support plan;
   7. (7) the plan of care for recipients of the home and community based services for persons who are mentally retarded or developmentally disabled program (HCBS/MR);
   8. (8) releases of information, authorizations for publication, and consents for emergency and other medical treatment; as applicable; and
   9. (9) a discharge summary, if applicable.

2. (b) A provider shall maintain each record confidentially and shall not release any record except:

   1. (1) as authorized in writing by the person or the person's legal guardian, if one has been appointed;
   2. (2) as otherwise authorized by law; or
   3. (3) as necessary to comply with the requirements of this article.
3. (c) This regulation shall take effect on and after July 1, 1996.

(Authorized by and implementing K.S.A. 75-3307b and K.S.A. 39-1801, et seq.; effective July 1, 1996.)