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Title 7 . Health and Social Services
Chapter 81 . Electronic and Other Records Containing Behavioral Health Information
Section 185. Transfer of records

7 AAC 81.185. Transfer of records

(a) The provisions of this section apply to the records of a provider or a subcontractor that relate to a provider agreement, including the records of each recipient of service under the provider agreement, if the provider's business or organization closes or ceases to exist as a service provider under the provider agreement, or if the records must be transferred for any other reason.

(b) If a provider decides to close or cease to exist as a service provider under a provider agreement, the provider shall notify the department in writing within 48 hours of the decision. A notice under this subsection must

(1) be signed by the provider's board of directors or chief executive officer;

(2) indicate whether the provider will transfer its records to

(A) a continuing board or other officers; or

(B) the department, if no continuing board or other officers will assume the provider's responsibilities, and

(3) include a formal plan for the transfer of records that includes

(A) a description of how and when the provider will notify each recipient of service regarding where the files will be transferred, and how the recipient can continue to receive services and obtain a copy of that recipient's records; the plan for notice under this subparagraph must include those recipients for whom the provider has on file a signed release allowing the recipient's files to be transferred, and those for whom a signed release has not been obtained;

(B) a complete list of all files being transferred; and

(C) a complete list of all recipients of services who will be sent the notice under (A) of this paragraph.

(c) The department may require the provider to transfer its records to a successor organization selected by the department.

(d) Before transfer, the provider must

(1) box all paper records and ensure that records of minors are in separate boxes from records of adults; and

(2) contact the department for instructions regarding the most appropriate way to transfer electronic records, including the need for encryption of confidential records.

(e) Records transferred under this section are subject to 7 AAC 81.180.

(f) If records are transferred to the department, the department will, at the written request of a recipient of services, copy records to be sent to the recipient's next service provider.

History: Eff. 6/24/2004, Register 170

Authority: AS 18.05.040

AS 18.08.010

AS 18.08.080

AS 18.25.100

AS 18.28.010

AS 18.28.050

AS 29.60.600

AS 44.29.020

AS 47.05.010

AS 47.20.075

AS 47.20.110

AS 47.27.005

AS 47.27.050

AS 47.30.477

AS 47.30.530

AS 47.37.030

AS 47.37.045

AS 47.40.041

AS 47.40.120

AS 47.80.130

Note to HTML Version:

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006