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(a) An electronic medical record satisfies a requirement for a paper record if
(1) the provider, in a written agreement with the department that is prepared by the department,
(A) agrees to an electronic medical record as a substitute for a paper record; and
(B) accepts responsibility for maintaining appropriate security safeguards, including passwords and personal identification numbers, and protecting the records from access by unauthorized persons; and
(2) the electronic system that is used to maintain electronic medical records is
(A) provided by the department; or
(B) capable of transmitting to the department the necessary medical records without identifying information. (b) Notwithstanding the requirements of this section, a provider may be required to retain paper or paper-based copies of documents under other state or federal law for audit or other purposes. (Eff. 9/23/2004, Register 171) Statutory Authority: Authority: AS 18.05.040 AS 47.30.475 AS 47.31.090
AS 18.23.100 AS 47.30.477 AS 47.37.030
AS 47.05.010 AS 47.30.530 AS 47.37.040
AS 47.06.010 AS 47.30.540 AS 47.37.140
AS 47.07.030 AS 47.30.590
AS 47.07.040 AS 47.30.660 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 a conforming technical revision under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to the authority citation that follows 7 AAC 85.300 to add a reference to AS 47.06.010.