36-422.01. Health care institutions; termination of operation; medical records; civil penalties; definition
A. In addition to the requirements prescribed in section 36-422, subsection D, if a current licensee intends to terminate the operation of a licensed health care institution, the current licensee shall do one of the following before the health care institution ceases operation:
1. Provide each patient of the health care institution with the patient's medical records.
2. Transfer the health care institution's medical records to a third-party entity to ensure patient access to the medical records.
B. If a patient or a patient's health care decision maker requests access to or copies of the patient's medical records, the health care institution or third-party entity in possession of the medical records shall provide access to or copies of the medical records to the patient or the patient's health care decision maker in accordance with title 12, chapter 13, article 7.1.
C. A licensee that fails to comply with subsection A of this section is subject to a civil penalty of not more than $10, 000. The director may use a licensee's failure to comply with subsection A of this section as grounds to deny a subsequent license pursuant to section 36-425, subsection K.
D. For the purposes of this section, " medical record" has the same meaning prescribed in section 36-2201.
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