Current through Register Vol. 49, No. 9, September, 2024
1083.0.0
DOCUMENT AND RECORD DISPOSITION
This establishes a timetable for the maintenance of all
Department of Human Services (DHS) documents and records. The schedule should
permit unneeded records to be destroyed or discarded, while assuring that all
records necessary for client services, potential litigation, or audits are
retained. "Records" means data compilation in any form. This policy is
applicable to all divisions/offices within DHS.
1083.1.0
Retention of Documents and
Records
1083.1.1 All client files must
be retained for five years after the file is closed or the last case
activity.
1083.1.2 All personnel
files must be retained for five years after the person resigns or is
terminated.
1083.1.3 All child
protective services, foster care, supportive services and child maltreatment
records must be retained for five years after the youngest child has reached
the age of 21 years.
1083.1.4 All
adoption records must be retained for 99 years.
1083.1.5 All rules must be retained until
superseded. Superseded rules must be retained on an as-needed basis.
1083.1.6 All records relating to a person or
entity contracting with DHS must be retained for five years after the contract
ends or is terminated.
1083.1.7 All
administrative records, including programmatic financial records, must be
retained for five years after the end of the biennium in which the records were
produced.
1083.1.8 All unfounded
adult protective service records will be maintained in accordance with A.C.A.
5-29-212. Founded adult protective service records will be retained for five
years from the date of receipt of the report. All adult protective service
custody records will be retained for five years after the custody case is
dismissed.
1083.1.9 Any record
which is the subject of an investigation or audit, or of a review, claim,
grievance, formal dispute or of any litigation, must be retained for one year
after the conclusion of the proceeding or for the time otherwise specified in
this rule, whichever is longer.
1083.2.0
Retention of Privacy Related
Documents
1083.2.1 DHS will retain for
a minimum of six years all documentation related to Protected Health
Information including:
* Policies and procedures;
* Other communications as required by such policies and
procedures; and
* Any action, activity or designation as it relates to DHS
privacy policies and procedures, including authorization forms, client rights
forms and the acknowledgement of receipt of the DHS Notice of Privacy
Practices.
1083.2.2 DHS
will review existing storage retention schedules for privacy related
information and determine if current schedules allow for the six-year retention
requirement. Note: Retention of PHI is required for six years from the date of
its creation or the date when it last was in effect, whichever is
later.
1083.2.3 Where existing
storage retention schedules for privacy related information do not allow for
the required six years, the DHS managers and supervisors will determine whether
to adjust the existing schedule, or purge all documentation within the current
schedule except privacy related information as noted in DHS Policy 4000 -
Privacy Policy.
1083.3.0
Disposal of Documents and Records that are no Longer Needed
1083.3.1 Confidential records must be
disposed of by shredding or burning or in compliance with the HIPAA Privacy
Standards. This determination must be made by the director, administrator,
manager or privacy officer of the office having responsibility for the records
or documents. Routine paper files shall be destroyed in the most convenient
manner accessible at the end of their retention period.
1083.3.2 There is a period of time in which
agency records are neither active nor have reached the limits of their
retention period. During this time the original records may be transferred to
any other permanent medium such as microfilm or disk and then the original may
be destroyed - keeping in mind that other mediums have the same retention
requirements as paper.
1083.3.3 Any
unique or unusual problems concerning the retention or destruction of
records/documents should be referred to the Chief Administrative Officer,
Office of Administrative Services.
1083.4.0
Originating Section/Division
Contact
Office of Chief Counsel Donaghey Plaza South P. O. Box 1437,
Slot S260 Little Rock, AR 72203-1437 Telephone: (501) 682-8934
Replacement Notation: This policy replaces DHS 1083 dated
November 10, 1998
