The pharmacy must retain all records and documents referenced in the pharmacy enrollment agreement (Part 3, Subpart I) for a minimum of five years from the date of service.

If any litigation, audit, review, or dispute resolution begins before the five-year period expires, the pharmacy provider must maintain all records until the reviewer concludes the process.

If any litigation, audit, review, or dispute resolution begins at a time when the pharmacy provider would have otherwise been authorized to destroy the records (e.g., five years and a day after the date of service) and the pharmacy provider still has the records, the pharmacy provider must maintain those records until the reviewer concludes the process. 

For purposes of record retention, the reviewer concludes the process only after HHSC provides written notification permanently resolving the issue.