R6-6-1406. Maintenance of Records

A. An Operator shall retain an Electronic Monitoring Record in compliance with HIPAA Privacy Rule, A.R.S. § 36-568.01, and other applicable federal and state laws. B. An Operator who uses an Electronic Monitoring Device subject to this Article shall retain, store, and ensure any Electronic Monitoring Record generated by an Electronic Monitoring Device, regardless of format, is accessible for a minimum of 30 calendar days. C. An Operator shall retain an Electronic Monitoring Record subject to this Article longer than 30 calendar days if: 1. The Operator is required to do so by a contractual obligation; 2. The Operator’s policy specifies that the Operator shall maintain the records beyond 30 calendar days; 3. The Operator reasonably anticipates that litigation may be pursued for which an Electronic Monitoring Record may be relevant; 4. When an Electronic Monitoring Record is subject to a litigation hold; 5. A court order or other legal process requires the retention of all or some of the Electronic Monitoring Records for a longer period of time; or 6. Another applicable law or regulation that supersedes this Article requires a longer period of maintaining an Electronic Monitoring Record. D. Prior to the disposal of an Electronic Monitoring Record, an Operator shall determine if the Electronic Monitoring Record will be or has been used for Member diagnosis or treatment. If an Electronic Monitoring Record is identified to be used for Member diagnosis or treatment, the Electronic Monitoring Record shall be treated as a medical record and shall be maintained in compliance with the HIPAA Privacy Rule, HIPAA Security Rule, A.R.S. § 36-568.0, and other applicable federal and state laws.