A provider must have a written policy governing the disposition of its paper or electronic records if the provider closes or transfers to a new governing body. The policy must provide for at least the following:

1. (1) Transferring a participant's record to another provider if the participant is being transferred to that provider;
2. (2) Destroying records not required to be retained by § 46:11:04:04;
3. (3) Transferring to the division records not covered in subdivisions (1) and (2) of this section; and

4. (4) Transferring any paper or electronic records intact to the new governing body or owner.

   The previous owner or governing body may not destroy or keep in its possession any of the provider records unless to do so is required by state or federal law.

Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; 40 SDR 102, effective December 3, 2013; 43 SDR 9, effective August 2, 2016.

General Authority: SDCL 27B-2-26(2).

Law Implemented: SDCL 27B-2-26.

Prior versions effective: 2013-12-03.