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Provider Responsibility - Maintaining Records

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In accordance with 26 TAC §52.113 (relating to Record Retention and Disposition) and the requirements of the Community Services Provider Contract or Provider Agreement, all records must be developed and retained in the form in which they were created until the latest of the following:

  • seven (7) years after a claim is submitted;
  • seven (7) years after all issues involving the record have been mitigated; or
  • the individual about whom the record relates becomes 21 years of age.

If a contract is expiring or being terminated, the provider must adhere to 26 TAC §52.601 (relating to HHSC Review and Contractor Requirements Related to Expiring or Terminated Contract) and 26 TAC §52.113 (relating to Record Retention and Disposition) until the record retention period is satisfied.

Important: Providers are required to report the location of where the records will be stored and provide the name, address, phone number, and e-mail address of a person HHSC may contact to arrange access to the records. This information must be submitted to the assigned HHSC contract manager at the time of expiration, termination, when an update is necessary, or upon request.