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ARTICLE VII CONFIDENTIALITY
<br />Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of
<br />information and records received during or related to the performance of this Contract, including patient and
<br />client records that contain protected health information (PHI), and any other information that discloses
<br />confidential personal information or identifies any client served by DSHS, in accordance with applicable
<br />federal and state laws, rules and regulations, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45
<br />CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); Tex. Health & Safety
<br />Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611, and 773; and Tex.
<br />Occ. Code Chapters 56 and 159 and all applicable rules and regulations.
<br />Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall
<br />cooperate with Department to allow Department to request, collect and receive PHI and other confidential
<br />information under this Contract, without the consent of the individual to whom the PHI relates, for funding,
<br />payment and administration of the grant program, and for purposes permitted under applicable state and
<br />federal confidentiality and privacy laws.
<br />Section 7.03 Exchange of Client - Identifying Information. Except as prohibited by other law, Contractor
<br />and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR §
<br />164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other
<br />applicable laws or rules. Contractor shall disclose information described in Tex. Health & Safety Code §
<br />614.017(a)(2) relating to special needs offenders, to an agency described in Tex. Health & Safety Code §
<br />614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be
<br />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 records
<br />in compliance with state and federal law relating to security and retention of medical or mental health and
<br />substance abuse patient and client records. Department may require Contractor to transfer original or copies of
<br />patient and client records to Department, without the consent or authorization of the patient or client, upon
<br />termination of this Contract or a Program Attachment to this Contract, as applicable, or if the care and
<br />treatment of the 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 patient or client to
<br />transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract
<br />or a Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another DSHS-
<br />funded contractor.
<br />Section 7.05 HIV /AIDS Model Workplace Guidelines. If providing direct client care, services, or
<br />programs, Contractor shall implement Department's policies based on the HIV /AIDS (human
<br />immunodeficiency virus /acquired immunodeficiency syndrome) Model Workplace Guidelines for Businesses,
<br />State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate employees and clients
<br />concerning HIV and its related conditions, including AIDS, in accordance with the Tex. Health & Safety Code
<br />§ C1: 1 85.112 -114. A link to the Model Workplace Guidelines can be found at
<br />http: / /www.dshs. state. tx. us /hivstd/policy /policies.shtm.
<br />ARTICLE VIII RECORDS RETENTION
<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
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