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00 <br />and shall prohibit any person who does not hold a current, active required license, certification, permit, <br />registration or approval from performing services under this Contract. <br />Section 1.11 Funding Obligation. This Contract is contingent upon the availability of funding. If funds <br />become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health <br />and human services agencies, amendment of the Appropriations Act, health and human services agency <br />consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, <br />reduce or terminate funding under this Contract. Notice of any restriction or reduction will include <br />instructions and detailed information on how DSHS will fund the services and/or goods to be procured with <br />the restricted or reduced funds. <br />ARTICLE II SERVICES <br />Section 2.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all <br />persons, who are housed in Department- licensed and/or - funded residential facilities and who are twenty -two <br />(22) years of age or younger, have access to educational services as required by Tex. Educ. Code § 29.012. <br />Contractor shall notify the local education agency or local early intervention program as prescribed by Tex. <br />Educ. Code § 29.012 not later than the third calendar day after the date a person who is twenty -two (22) years <br />of age or younger is placed in Contractor's residential facility. <br />Section 2.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- <br />made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or as a <br />federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing <br />services, as appropriate, in the following areas: community evacuation; health and medical assistance; <br />assessment of health and medical needs; health surveillance; medical care personnel; health and medical <br />equipment and supplies; patient evacuation; in- hospital care and hospital facility status; food, drug, and <br />medical device safety; worker health and safety; mental health and substance abuse; public health information; <br />vector control and veterinary services; and victim identification and mortuary services. Contractor shall carry <br />out disaster services in the manner most responsive to the needs of the emergency, be cost - effective, and be <br />least intrusive on Contractor's primary services. <br />Section 2.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological <br />or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, <br />Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to <br />Tex. Fam. Code Chapter 32, relating to consent to treatment of a child by a non - parent or child or pursuant to <br />other state law. If requirements of federal law relating to consent directly conflict with Tex. Fam. Code <br />Chapter 32, federal law supersedes state law. <br />Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if Contractor or its <br />subcontractor uses telemedicine /telepsychiatry that the services are implemented in accordance with written <br />procedures and using a protocol approved by Contractor's medical director and using equipment that complies <br />with the equipment standards as required by the Department. Procedures for providing telemedicine service <br />must include the following requirements: <br />a) clinical oversight by Contractor's medical director or designated physician responsible for medical <br />leadership; <br />b) contraindication considerations for telemedicine use; <br />c) qualified staff members to ensure the safety of the individual being served by telemedicine at the <br />remote site; <br />d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; <br />e) use by credentialed licensed providers providing clinical care within the scope of their licenses; <br />General Provisions (Core Subrecipient) 2013 Rev. 7/12 9 <br />