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recipient records in the future. (f) A provider who maintains all or part of the provider’s records in an electronic format shall ensure that the data required to be maintained by this section is available and accessible under this chapter or if requested under 7 AAC 105.240(a). The electronic records include the use of an electronic visit verification system required under 7 AAC 125.070, 7 AAC 125.350, 7 AAC 127.053, and 7 AAC 130.285. A provider’s electronic data storage system must

(1) comply with P.L. 104-191 (Health Insurance Portability and Accountability Act);

(2) protect against unauthorized modification; and

(3) identify the creator and date of initial data entry and any modification. (g) Nothing in this section prohibits the use of an electronic health record or electronic visit verification system that generates prepopulated demographic data. (h) A provider may not submit a claim to the department for a service if a provider does not maintain records in compliance with this chapter, including records that must be maintained contemporaneously under this section. (i) Documentation of start and stop times as set out in this section is not required for evaluation and management codes, but documentation must be maintained in accordance with professional guidance as adopted by reference in 7 AAC 160.900(a). (j) Any claim submitted for reimbursement for which the provider fails to maintain documentation required by this section is considered an overpayment and subject to recoupment under 7 AAC 105.260. (Eff. 2/1/2010, Register 193; am 6/7/2018, Register 226; am 2/6/2020, Register 233; am 2/12/2021, Register 237; am 1/1/2023, Register 244; am 2/2/2024, Register 249) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 7 AAC 105.240. Request for records. (a) At the request of the department, the department’s fiscal agent, the Department of Law, or a representative of the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), a provider shall provide the records described in 7 AAC 105.230(b) — (d). The provider shall provide the records that are the subject of the request