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Fiscal Year 2012 Department of State Health Services Contract
<br />General Provisions
<br />(Core /Subrecipient)
<br />Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and federal
<br />statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all other records, including
<br />financial records that are generated or collected by Contractor under the provisions of this Contract, for a
<br />period of four (4) years after the termination of this Contract. If services are funded through Medicaid, the
<br />federal retention period, if more than four (4) years, will apply. Contractor shall retain all records pertaining to
<br />this Contract that are the subject of litigation or an audit until the litigation has ended or all questions
<br />pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention
<br />schedules established in this section. Contractor shall retain medical records in accordance with Tex. Admin.
<br />Code Title 22, Part 9, § 165.1(b) and (c) or other applicable statutes, rules and regulations governing medical
<br />information. Contractor shall include this provision concerning records retention in any subcontract it awards.
<br />If Contractor ceases business operations, it shall ensure that records relating to this Contract are securely
<br />stored and 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 date this Contract terminates, whichever is sooner. Contractor shall
<br />provide, and update as necessary, the name and address of the party responsible for storage of records to the
<br />contract manager assigned to the Program Attachment.
<br />ARTICLE IX ACCESS AND INSPECTION
<br />Section 9.01 Access. In addition to any right of access arising by operation of law, Contractor, and any of
<br />Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its
<br />duly authorized representatives, as well as duly authorized federal, state or local authorities, including the
<br />Comptroller General of the United States, OIG, and the State Auditor's Office (SAO), unrestricted access to
<br />and the right to examine any site where business is conducted or client services are performed, and all records
<br />(including financial records, client and patient records, if any, and Contractor's personnel records and
<br />governing body personnel records), books, papers or documents related to this Contract; and the right to
<br />interview members of Contractor's governing body, staff, volunteers, participants and clients concerning the
<br />Contract, Contractor's business and client services. If deemed necessary by the Department or the OIG, for
<br />the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract.
<br />The Department and HHSC will have the right to audit billings both before and after payment, and all
<br />documentation that substantiates the billings. Payments will not foreclose the right of Department and HHSC
<br />to recover excessive or illegal payments. Contractor shall make available to the Department information
<br />collected, assembled or maintained by Contractor relative to this Contract for the Department to respond to
<br />requests that it receives under the Public Information Act. Contractor shall include this provision concerning
<br />the right of access to, and examination of, sites and information related to this Contract in any subcontract it
<br />awards.
<br />Section 9.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers,
<br />documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal
<br />business hours to any authorized representative of the SAO. Contractor understands that the acceptance of
<br />funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct
<br />an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its
<br />successor in the conduct of the audit or investigation, including providing all records requested, and providing
<br />access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to
<br />audit funds will apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall
<br />include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any
<br />subcontract Contractor awards.
<br />Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon
<br />General Provisions (Core Subrecipient) 2012 16
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