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Office of Inspector General <br />Compliance /Audit, Mail Code 1326 <br />P.O. Box 85200 <br />Austin, Texas 78708 -5200 <br />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 <br />Contract. <br />ARTICLE VII CONFIDENTIALITY <br />Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and <br />confidentiality of information and records received during or related to the performance of this <br />Contract, including patient and client records that contain protected health information (PHI), <br />and any other information that discloses confidential personal information or identifies any client <br />served by DSHS, in accordance with applicable federal and state laws, rules and regulations, <br />including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health <br />Insurance Portability and Accountability Act [HIPAA]); Tex. Health & Safety Code Chapters 12, <br />47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611, and 773; and Tex. Occ. <br />Code Chapters 56 and 159 and all applicable Rules. <br />Section 7.02 Department Access to PHI and Other Confidential Information. Contractor <br />shall cooperate with Department to allow Department to request, collect and receive PHI and <br />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 7.03 Exchange of Client- Identifying Information. Except as prohibited by other <br />law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with <br />45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414, <br />Subchapter A or other applicable laws or rules. Contractor shall disclose information described <br />in Tex. Health & Safety Code § 614.017(a)(2) relating to special needs .offenders, to an agency <br />described in Tex. Health & Safety Code § 614.017(c) upon request of that agency, unless <br />Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 <br />or other applicable law. <br />Section 7.04 Security of Patient or Client Records. Contractor must maintain patient and <br />client records in compliance with state and federal law relating to security and retention of <br />medical or mental health and substance abuse patient and client records. Department may <br />require Contractor to transfer original or copies of patient and client records to Department, <br />without the consent or authorization of the patient or client, upon termination of this Contract or <br />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 <br />under this Contract to a patient or client, Contractor shall attempt to obtain consent from the <br />patient or client to transfer copies of patient or client records to another entity funded by DSHS <br />General Provisions (Core Subrecipient) 2010 13 <br />