44 : 82 : 05 : 02 . Resident records. The owner or operator shall ensure confidentiality and safeguarding of resident records. Records for each resident shall be maintained while the resident is residing in the home and for an appropriate amount of time thereafter. The home may arrange storage or transfer of resident records with another licensed home, or at the request of the resident, relinquish records to the resident or the resident's legal representative, 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 owner or operator shall notify the department in writing indicating the provisions for the safe preservation of resident records and their location. If ownership of the community living home is transferred, the new owner shall maintain the resident records as if there was not a change in ownership. Resident records at a minimum shall include the following:

1. (1) Current basic health information including a list of medications, allergies, diet requirements, and daily health needs;
2. (2) The name and contact information of the resident's physician and other health care professionals involved with the resident's care;
3. (3) The name and contact information of the resident's preferred emergency contacts, immediate family members, and health care representative or power of attorney;
4. (4) An evaluation of the resident's individualized and independent residential community living support needs completed within the past year, or upon a significant change in the resident's condition requiring notification pursuant to § 44:82:06:04, that is recorded on a form approved by the department;
5. (5) A current plan of care, as agreed to by the resident or the resident's legal representative and the owner or operator, updated at least annually;
6. (6) Any reports of suspicion of abuse or neglect reported to the department;
7. (7) Disposition of medications that were outdated or disposed; and
8. (8) Discharge information including disposition of medications.

Source: 44 SDR 66, effective October 17, 2017.

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

Law Implemented: SDCL 34-12-13(10) .