South Dakota Medical Records Retention Requirements: How Long Providers Must Keep Patient Records

General Retention Period

Default 10-year rule for licensed facilities

In South Dakota, most licensed healthcare facilities must retain patient health information for a minimum of ten years from the actual visit date of service or the date established for resident care. This 10-year standard applies broadly to hospitals and similar facilities and is unaffected by additional or future visit dates. These requirements are core healthcare facility regulations in the state and underpin retention compliance programs. ([rules.sd.gov](https://rules.sd.gov/Uploads/788_OrginalDraftRules.pdf))

How this interacts with Medicaid and profession-specific rules

Medicaid imposes an additional documentation duty: providers must retain medical and financial records for at least six years after the last claim is paid or denied. This Medicaid rule does not replace longer facility obligations—keep the longest applicable period. Some professions also have board rules (for example, dentists must retain records for seven years), which again do not shorten a facility’s longer duty. ([law.cornell.edu](https://www.law.cornell.edu/regulations/south-dakota/ARSD-67-16-34-05?utm_source=openai))

Records of minors

Where specified in state facility rules, records for minors must be kept until the patient reaches age 18 plus two additional years—and never less than ten years from the visit or care date. Build policies and medical record indexing to flag minor records that must be held past the 10-year mark. ([rules.sd.gov](https://rules.sd.gov/Uploads/788_OrginalDraftRules.pdf))

Physician office considerations

Physicians may destroy inactive records when appropriate, but only after honoring any longer retention duties that apply (for example, the 10-year facility standard if care occurred in a licensed facility, or Medicaid’s six-year claims rule). Align destruction decisions with confidentiality standards for protected health information. ([law.justia.com](https://law.justia.com/codes/south-dakota/title-36/chapter-04/section-36-4-38/?utm_source=openai))

Records Retention for Minors

For hospitals, nursing facilities, ambulatory surgery centers, and assisted living centers, South Dakota rules require retention until the patient turns 20 (age of majority plus two years), but in all cases no less than ten years from the actual date of service or established care. Configure your EHR or medical record indexing so these files are automatically excluded from standard 10‑year purges. ([rules.sd.gov](https://rules.sd.gov/Uploads/788_OrginalDraftRules.pdf))

Inpatient hospice rules set a six‑year minimum and do not include a special timeline for minors; many providers harmonize policies with the “age 20 or 10 years, whichever is longer” approach used elsewhere to reduce risk. Document your rationale in your record destruction protocols to demonstrate retention compliance. ([law.cornell.edu](https://www.law.cornell.edu/regulations/south-dakota/ARSD-44-79-08-04?utm_source=openai))

Retention Requirements for Ambulatory Surgery Centers

Ambulatory surgery centers must retain medical records for at least ten years from the actual visit date of care. Records of minors must be retained until the patient reaches age 20, but no less than ten years. Storage must ensure confidentiality and ready retrieval; before destruction, prepare and keep a patient index to preserve essential elements. ([regulations.justia.com](https://regulations.justia.com/states/south-dakota/title-44/article-44-76/chapter-44-76-08/section-44-76-08-06/))

What to include in your index

• Patient name and medical record number
• Date of birth and summary of visit dates
• Attending/admitting clinician and diagnosis/diagnosis code

Maintain the index permanently and secure it as protected health information. ([law.cornell.edu](https://www.law.cornell.edu/regulations/south-dakota/ARSD-44-76-08-08?utm_source=openai))

Retention Requirements for Assisted Living Centers

Assisted living centers must retain medical or care records for a minimum of ten years from the actual visit or resident‑care date. For minors, retain until age 20 but never less than ten years. Storage must protect confidentiality and ensure accessibility; destruction requires maintaining a resident index and following clear record destruction protocols. ([sdlegislature.gov](https://sdlegislature.gov/api/Rules/Archived/9528.pdf?utm_source=openai))

Retention Requirements for Hospices

Inpatient hospice facilities

Inpatient hospices must retain medical records for at least six years from the visit or care date. Records must be stored securely, safeguarded from unauthorized access, and destroyed in a way that preserves confidentiality after the retention period. ([law.cornell.edu](https://www.law.cornell.edu/regulations/south-dakota/ARSD-44-79-08-04?utm_source=openai))

Residential hospice facilities

In residential hospice settings, the Medicare‑certified hospice agency is responsible for retaining the resident’s medical or care records once the resident is discharged. The residential facility must safeguard, file, and make active records accessible during the stay, consistent with confidentiality standards for protected health information. ([law.cornell.edu](https://www.law.cornell.edu/regulations/south-dakota/ARSD-44-80-08-04))

Retention Requirements for Developmental Disabilities Service Providers

Developmental disabilities service providers must maintain participant records for six years and supervise transfer when a participant changes direct home‑ and community‑based (HCB) service providers. In addition, retain medical and financial records at least six years after the last Medicaid claim is paid or denied. Establish written policies for secure storage and destruction. ([regulations.justia.com](https://regulations.justia.com/states/south-dakota/title-46/article-46-11/chapter-46-11-04/section-46-11-04-04/?utm_source=openai))

Record Storage and Secure Destruction

Storage fundamentals

Facilities must ensure filing, safe storage, and easy accessibility of records; preserve originals or legally reproducible formats; and protect records against unauthorized access. On change of ownership, the facility retains all records. These confidentiality standards apply across settings. ([law.cornell.edu](https://www.law.cornell.edu/regulations/south-dakota/ARSD-44-75-09-07?utm_source=openai))

Indexed destruction after the retention period

After meeting the minimum retention period, facilities may destroy records at their discretion, but only after creating and keeping a permanent patient/resident index or abstract (typically including name, medical record number, date of birth, summary of care dates, attending clinician, and diagnosis/diagnosis code). Destruction must maintain confidentiality of protected health information. ([rules.sd.gov](https://rules.sd.gov/Uploads/788_OrginalDraftRules.pdf))

Closure or transfer of ownership

If a facility ceases operations, it must arrange safe storage and prompt retrieval, notify the Department in writing at least 30 days before closure, and publicly share where records will be stored. Similar duties apply to assisted living centers and hospices. ([rules.sd.gov](https://rules.sd.gov/Uploads/788_OrginalDraftRules.pdf))

Medicaid overlay and audits

Do not destroy Medicaid‑related medical or financial records while an audit or investigation is pending. Retain in original or legally reproducible form and ensure prompt retrieval to satisfy payer and surveyor requests. ([dss.sd.gov](https://dss.sd.gov/docs/medicaid/providers/billingmanuals/General/Documentation_and_Records.pdf?utm_source=openai))

Summary

South Dakota’s healthcare facility regulations center on a ten‑year minimum retention for most settings, a six‑year rule for inpatient hospice and Medicaid records, and age‑20 minimums for minors where specified. Pair secure storage with clear record destruction protocols and permanent indexing to maintain retention compliance and protect patient health information. ([rules.sd.gov](https://rules.sd.gov/Uploads/788_OrginalDraftRules.pdf))

FAQs.

What is the minimum retention period for adult medical records in South Dakota?

For most licensed facilities (for example, hospitals, nursing facilities, assisted living centers, and ambulatory surgery centers), retain adult records at least ten years from the actual visit or established care date. Inpatient hospices must retain for at least six years. Always apply the longest applicable rule if multiple programs (such as Medicaid) are involved. ([rules.sd.gov](https://rules.sd.gov/Uploads/788_OrginalDraftRules.pdf))

How long must records of minor patients be kept?

Where specified, retain until the patient turns 20 (age 18 plus two years) and never less than ten years from the visit or care date. Build your medical record indexing to prevent premature destruction. ([rules.sd.gov](https://rules.sd.gov/Uploads/788_OrginalDraftRules.pdf))

Are there different retention requirements for various healthcare facilities?

Yes. Most facilities have a ten‑year minimum, but inpatient hospices have a six‑year minimum and residential hospices rely on the Medicare‑certified hospice agency to retain records post‑discharge. Developmental disabilities service providers must keep participant records at least six years. When Medicaid is billed, keep medical and financial records at least six years after the last claim is paid or denied. ([law.cornell.edu](https://www.law.cornell.edu/regulations/south-dakota/ARSD-44-79-08-04?utm_source=openai))

What are the procedures for securely destroying medical records after the retention period?

After the minimum period, facilities may destroy records only after creating a permanent patient/resident index capturing core identifiers, dates of care, attending clinician, and diagnosis information. Destruction must preserve confidentiality (for example, shredding or certified digital purge). If a facility closes or changes ownership, it must follow state rules for notice, storage, and retrieval. ([rules.sd.gov](https://rules.sd.gov/Uploads/788_OrginalDraftRules.pdf))