Transfer and Storage of Service Records

(A) The Licensed or Approved Provider shall maintain patient and resident records in a secure place for a minimum of seven years from the date of patient's or resident's termination of services unless required by law to do so for a longer period. Bureau-approved programs licensed under M.G.L. c. 111, § 51 as a hospital or clinic shall maintain patient and resident medical records for 20 years, as required by M.G.L. c. 111, § 70. The Licensed or Approved Provider shall ensure that clinical records accompany patients or residents upon transfer. Transfer of records shall be made in accordance with federal and state confidentiality law and regulations. A signed consent from each patient and resident must be obtained prior to the transfer of such records. (B) When closing a program, service or facility, the Licensed or Approved Provider shall ensure that all records not transferred to a new facility with the patient or resident be securely stored for the remainder of the seven-year period mandated for each record. For all current patients and residents of the Licensed or Approved Provider at the time of closure, the Licensed or Approved Provider shall also make every effort to provide a copy of the record to the patient or resident at the time of closure, if the record is not transferred with the patient or resident to a new treatment program. Public notice shall be given regarding the date of service termination and the site at which such records shall be securely stored. The Licensed or Approved Provider shall prepay the full cost of such storage and shall contract to ensure that the records are appropriately maintained for the entire period and that the records are destroyed at the end of the period in a manner that protects their confidential nature.