South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities
Chapter 44:75:09 - Medical record Services
Section 44:75:09:09 - Disposition of medical records on closure of facility or transfer of ownership
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 vendor who undertakes such a storage activity. At least thirty days before closure, the facility shall notify the department in writing indicating the provisions for the safe preservation of medical records and their location and publish or share in the nearest 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 shall maintain the medical records as if there was not a change in ownership.
General Authority: SDCL 34-12-13(10).
Law Implemented: SDCL 34-12-13(10).
Storage of medical or care records, § 44:75:09:07.
