Section 2060.315  Service Termination/Record Retention

a)         DHS/SUPR shall be notified in writing at least 30 calendar days prior to the date on which cessation of any licensed service is scheduled to occur.  If involuntary termination occurs due to inability to operate (damage to facility, loss of staff, change in management, corporate dissolution, or any other cause) the organization shall notify DHS/SUPR in writing immediately upon termination.

b)         Upon voluntary cessation of services, all current clients/patients/residents shall be notified in advance and referrals for continuation of services shall be made to other DHS/SUPR licensed organizations.  If cessation of services is involuntary, clients/patients/residents shall be notified as soon as possible and given referrals to other licensed organizations.

c)         Upon cessation of services at any licensed location, DHS/SUPR shall schedule an inspection to ensure that any controlled substance inventory is transferred or destroyed in accordance with the U.S. Drug Enforcement Administration (DEA) requirements in 42 CFR 1307 and 1317 through 1395 (2014), as applicable.

d)         When an organization ceases operation of any service at any location, all patient/client/resident records, relative to that service, shall be maintained as follows:

1)         If the organization has a current license issued by DHS/SUPR 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 for any other treatment or intervention service, all records shall be transferred for maintenance and storage to an DHS/SUPR licensed organization providing a treatment or intervention service.  Records from closed hospital-based programs or medical practices can be maintained at that facility.

e)         Each client/patient/resident, who has received services within the past six years, shall be notified of service cessation via personal mail and email.  If personal mail or e-mail is not available, they shall be notified by public posting, or media publication regarding the location where records will be maintained and stored within 10 calendar days after cessation of service.  DHS/SUPR shall also be notified within 10 calendar days after cessation regarding record location and any applicable contact information necessary to verify record transfer.

f)         Such records shall be stored and maintained for a period of six years from the date of creation or the date when last 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 DHS/SUPR if the license has not reached its expiration date.