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Res 2014-153/WIC Contract
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Res 2014-153/WIC Contract
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1/29/2015 12:19:16 PM
Creation date
11/24/2014 11:07:19 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2014-153
Date
11/5/2014
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If Contractor fails to submit the audit report as required by the Independent Single or Program - <br />Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, <br />Contractor shall be subject to DSHS sanctions and remedies for non - compliance with this Contract. <br />ARTICLE VIII CONFIDENTIALITY <br />Section 8.01 Maintenance of Confidentiality. <br />Contractor shall maintain the privacy and confidentiality of information and records received during <br />or related to the performance of this Contract, including patient and client records that contain <br />protected health information (PHI), and any other information that discloses confidential personal <br />information or identifies any client served by DSHS, in accordance with applicable federal and state <br />laws, rules and regulations, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR <br />Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); Tex. Health & <br />Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611, <br />and 773; and Tex. Occ. Code Chapters 56 and 159 and all applicable rules and regulations. <br />Section 8.02 Department Access to PHI and Other Confidential Information. <br />Contractor shall cooperate with Department to allow Department to request, collect and receive PHI <br />and other confidential information under this Contract, without the consent of the individual to whom <br />the PHI relates, for funding, payment and administration of the grant program, and for purposes <br />permitted under applicable state and federal confidentiality and privacy laws. <br />Section 8.03 Exchange of Client- Identifying Information. <br />Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of <br />clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and <br />Rule Chapter 414, Subchapter A or other applicable laws or rules. Contractor shall disclose <br />information described in Tex. Health & Safety Code § 614.017(a)(2) relating to special needs <br />offenders, to an agency described in Tex. Health & Safety Code § 614.017(c) upon request of that <br />agency, unless Contractor documents that the information is not allowed to be disclosed under 45 <br />CFR Part 164 or other applicable law. <br />Section 8.04 Security of Patient or Client Records. <br />Contractor shall maintain patient and client records in compliance with state and federal law relating <br />to security and retention of medical or mental health and substance abuse patient and client records. <br />Department may require Contractor to transfer original or copies of patient and client records to <br />Department, without the consent or authorization of the patient or client, upon termination of this <br />Contract or a Program Attachment to this Contract, as applicable, or if the care and treatment of the <br />individual patient or client is transferred to another entity. Prior to providing services funded under <br />this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or <br />client to transfer copies of patient or client records to another entity funded by DSHS upon <br />termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or <br />treatment is transferred to another DSHS- funded contractor. <br />General Provisions (Core Subrecipient) 2015 (July 1, 2014) 19 <br />
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