Section 2060.307  Service Termination/Record Retention

a)         The Department shall be notified at least 30 calendar days prior to the date on which cessation of any service is scheduled to occur.  If involuntary termination occurs due to inability to operate (from damage to the facility, loss of staff, change in management, corporate dissolution or any other cause) the licensee shall notify the Department upon termination even though the 30 day notice has not occurred.

b)         All patients receiving such services shall be apprised of the pending cessation and the needs of such patients shall be met by alternative  means.  The Department shall be notified within ten calendar days prior to closure of any case in which it is anticipated that a patient's needs cannot be met by existing systems of treatment.

c)         When notified by an organization of its intention to cease operations at a location, the Department, if necessary, will schedule an inspection to ensure that the controlled substances inventory is transferred or destroyed in accordance with the Drug Enforcement Administration (DEA) requirements set forth at 21 CFR 1307.14 and 1301.21 (1987), respectively.

d)         When an organization ceases operation of any service, all records (patient, personnel, financial) relative to that service shall be maintained as follows:

1)         If the organization has a current license issued by the Department for any other treatment or intervention service, the organization may maintain the records from the service that has ceased operation.

2)         If the organization has no other current license issued by the Department for any other treatment or intervention service, all records shall be transferred for maintenance and storage to a treatment or intervention service currently licensed by the Department or to a person specifically exempted from such licensure in Section 15-5 of the Act.

e)         The Department shall be notified regarding the location where records will be maintained and stored within ten calendar days after cessation of service.

f)         Such records shall be stored and maintained for a period of five years from the date of cessation of service, if the organization is required to document disclosures of the record pursuant to the provisions of 45 CFR 164.528, for such documentation shall be maintained six years from the date of its creation or the date when it last was in effect, whichever is later.

g)         Upon cessation of operations, the license shall automatically become null and void, and all documentation of licensure shall be immediately surrendered to the Department.

(Source:  Amended at 27 Ill. Reg. 13997, effective August 8, 2003)