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Res 2010-152
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Res 2010-152
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Last modified
12/28/2010 11:09:27 AM
Creation date
10/22/2010 3:16:30 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
152
Date
10/22/2010
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other applicable laws or rules. Contractor shall disclose information described in Tex. Health & <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 shall 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 and client records. Department may require Contractor to <br />transfer original or copies of patient and client records to Department, without the consent or <br />authorization of the patient or client, upon termination of this Contract or a Program Attachment to <br />this Contract, as applicable, or if the care and treatment of the individual patient or client is <br />transferred to another entity. Prior to providing services funded under this Contract to a patient or <br />client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of <br />patient or client records to another entity funded by DSHS upon termination of this Contract or a <br />Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another <br />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 />found at htti): / /www.dshs. state. tx. us /hivstd /i)ollev /f)oiicies.shtm. <br />ARTICLE VIII RECORDS RETENTION <br />Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and <br />federal statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all other <br />records, including financial records that are generated or collected by Contractor under the provisions <br />of this Contract, for a period of four (4) years after the termination of this Contract. If services are <br />funded through Medicaid, the federal retention period, if more than four (4) years, will apply. <br />Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an <br />audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal <br />requirements for Contractor may extend beyond the retention schedules established in this section. <br />Contractor shall retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, § <br />165.1(b) and (c) or other applicable statutes, rules and regulations governing medical information. <br />Contractor shall include this provision concerning records retention in any subcontract it awards. If <br />Contractor ceases business operations, it shall ensure that records relating to this Contract are <br />securely stored and are accessible by the Department upon Department's request for at least four (4) <br />years from the date Contractor ceases business or from the date this Contract terminates, whichever is <br />sooner. Contractor shall provide the name and address of the party responsible for storage of records <br />to the contract manager assigned to the Program Attachment. <br />General Provisions (Core Subrecipient) 2011 13 <br />
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