South Dakota Administrative Rules
Title 46 - Department of Human Services
Article 46:11 - Developmental disabilities
Chapter 46:11:04 - Administrative requirements
Section 46:11:04:05 - Policy for disposition of records if provider closes
Current through Register Vol. 51, page 43, September 23, 2024
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) Transferring a participant's record to another provider if the participant is being transferred to that provider;
(2) Destroying records not required to be retained by § 46:11:04:04;
(3) Transferring to the division records not covered in subdivisions (1) and (2) of this section; and
(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.
General Authority: SDCL 27B-2-26(2).
Law Implemented: SDCL 27B-2-26.
