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Res 2008-142
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Res 2008-142
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4/15/2009 4:02:51 PM
Creation date
10/29/2008 1:44:37 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2008-142
Date
10/21/2008
Volume Book
178
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<br />Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Tex. <br />Health & Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that <br />the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. <br />Section 7.04 Security of Patient or Client Records. Contractor must maintain patient and client <br />records in compliance with state and federal law relating to security and retention of medical or <br />mental health and substance abuse patient records. Department may require Contractor to transfer <br />original or copies of patient and client records to Department, without the consent or authorization of <br />the patient or client, upon termination of this Contract or a Program Attachment to this Contract. as <br />applicable, or if the care and treatment of the individual patient or client is transferred to another <br />entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall <br />attempt to obtain consent from the patient or client to transfer copies of patient or client records to <br />another entity funded by DSHS upon termination of this Contract or a Program Attachment to this <br />Contract, as applicable, or if care or treatment is transferred to another DSHS-funded contractor. <br />Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, <br />or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human <br />immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace Guidelines for <br />Businesses, State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate <br />employees and clients concerning HIV and its related conditions, including AIDS, in accordance with <br />the Tex. Health & Safety Code § 85.112-114. A link to the Model Workplace Guidelines can be <br />f. <br />found at h=://www.dshs.state.tx.us/hivstd/policy/--`pdf/09002 I.pd <br />ARTICLE VIII RECORDS RETENTION <br />Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and <br />federal statutes and regulations. At a minimum, Contractor shall retain and preserve all other records, <br />including financial records that are generated or collected by Contractor under the provisions of this <br />Contract, for a period of four (4) years after the termination of this Contract. If services are funded <br />through Medicaid, the federal retention period, if more than four (4) years, shall apply. Contractor <br />shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the <br />litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for <br />Contractor may extend beyond the retention schedules established in this section. Contractor shall <br />retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, § 165.1(b) and (c) or <br />other applicable statutes and regulations governing medical information. Contractor shall ensure that <br />this provision concerning records retention is included in any subcontract it awards. If Contractor <br />ceases business operations, it shall ensure that records relating to this Contract are securely stored and <br />are accessible by the Department upon Department's request for at least four (4) years from the date <br />Contractor ceases business or from the termination date of this Contract, whichever is sooner. <br />Contractor shall provide the name and address of the party responsible for storage of records to the <br />Division Contract Management Unit assigned to the Program Attachment. <br />General Provisions (Core Subrecipient 2009) 6/5/08 Page 13 of 38
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