If a facility ceases operation, the facility shall provide for safe storage and prompt retrieval of medical records and the patient indexes specified in § 44:75:09:08. The facility may arrange storage of medical records with another facility of the same licensure classification, transfer medical records to another health care provider at the request of the patient or patient's legal representative, relinquish medical records to the patient or patient's legal representative, or arrange storage of remaining medical records with a third-party storage vendor. At least thirty days before closure, the facility must notify the department in writing indicating the provisions for the safe preservation of medical records and the record's location and publish or share in the nearest legal newspaper or 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 as if there was not a change in ownership.

Source: 42 SDR 51, effective October 13, 2015 ; 50 SDR 62, effective November 27, 2023 .

General Authority: SDCL 34-12-13 (10).

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2015-10-13.