198.052. Records of facilities--when examined or audited--retention, how long--to accompany resident on transfer, when.

Records of facilities--when examined or audited--retention, howlong--to accompany resident on transfer, when.

198.052. 1. The state auditor, at the request of thedepartment or on his own initiative, may examine and audit anyrecords relating to the operation of any facility.

2. The director of the department may examine and audit, orcause to be examined and audited, any records relating to theoperation of any facility.

3. Each facility shall retain all financial information,data and records relating to the operation and reimbursement ofthe facility for a period of not less than seven years.

4. Notwithstanding anything to the contrary in sections198.003 to 198.186, 198.200, 202.905, 208.030, or 208.159, RSMo,the state auditor shall have the right to examine the records ofany facility which he deems necessary in connection with anyexamination conducted pursuant to his statutory authority, and todisclose the results of any such examination including theidentity of any facility examined, provided that the identity ofany resident of any such facility shall not be divulged or madeknown by the state auditor.

5. All financial information, data and records of facilitiesunder the provisions of sections 198.003 to 198.186, 198.200,202.905, 208.030, or 208.159, RSMo, shall be open upon requestfor inspection, examination and audit by the director of thedepartment, the state auditor, appropriate committees of thegeneral assembly, and their designees, at all reasonable times.

6. Each facility shall retain medical records of eachresident for five years after he leaves the facility. In theevent the resident is less than twenty-one years of age, therecords shall be retained for five years after the age oftwenty-one years is reached. The time limitations of thissubsection shall not apply when longer time limitations arespecified in standards for facilities certified under Medicare orMedicaid, Title XVIII and Title XIX of the Social Security Act,(Title 42, United States Code, Sec. 1395x or 1396d).

7. In the event a new operator takes over a facility'soperation, the original medical records of the residents of suchfacility shall be retained in the facility by the new operator.

8. In the event a resident is transferred from the facility,the resident shall be accompanied by a copy of his medicalrecords.

(L. 1979 S.B. 328, et al. § 17)