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year in which services were provided, except when the department specifically requests that the provider retain them for a longer period. If a provider sells or transfers a facility or practice, the provider shall require in the transfer agreement that the new owner or operator retain the records, and the new owner or operator shall retain the records, even if the former provider fails to include this provision and even if the facility does not continue to participate in the program. Upon cessation of business, a provider or successor shall request department instructions as to disposition of records. (j) Whenever possible, a provider shall submit claims to insurance companies and other alternative resources before claiming reimbursement from the department. (k) The department reserves the right to pay a percentage of usual and customary billing amounts for care outside of Alaska if that is the practice of the Medicaid or Crippled Children’s Service agency of that state. (l) A provider shall notify the department on the department’s first working day after the provider provides emergency services under 7 AAC 23.160(d). (Eff. 6/28/85, Register 94; am 11/8/98, Register 148) Statutory Authority: Authority: AS 18.05.010 AS 18.05.030 AS 18.05.040 Editor’s note: With Register 179, October 2006 and under the authority of AS 44.62.125, the regulations attorney changed obsolete terminology concerning persons with disabilities in conformity with ch. 25, SLA 2006. 7 AAC 23.210. Medical facts. In determining what services are appropriate or whether a child is eligible for services or a waiver, and in making any other decision under 7 AAC 23.110 — 7 AAC 23.220, the department will determine medical conditions and appropriate medical treatments, based on current medical opinions. As used in this section and elsewhere in 7 AAC 23.110 — 7 AAC 23.220, current medical opinion means any medical theory that is accepted by a significant part of the medical community in the United States. (Eff. 6/28/85, Register 94) Statutory Authority: