Page 2104

AS 44.29.020 AS 47.30.477 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made conforming technical revisions under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to the authority citation that follows 7 AAC 81.180 to add references to AS 44.30.020 and AS 47.06.010. 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