|
<br /> RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal
<br /> government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including reviews
<br /> of client or patient records and discussions with staff) performed by PERFORMING AGENCY and its
<br /> subrecipient(s), ifany, and the preJ.1lises on which the work is being performed. PERFORMING AGENCY and its
<br /> subrecipient(s) shall participate in inspections and provide reasonable access, facilities, and assistance to the
<br /> representatives. All in~pections and evaluations will be performed in such a manner as will not unduly interfere
<br /> with the work.
<br /> PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal
<br /> government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent
<br /> books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination,
<br /> excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the
<br /> right to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right of
<br /> RECEIVING AGENCY to recover excessive or illegal payments.
<br /> Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY's records
<br /> will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY's resolution of findings will
<br /> also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's
<br /> findings. A RECEIVING AGENCY determination, of either an inadequate or inappropriate resolution of the
<br /> findings, may result in sanctions which will remain in effect until RECEIVING AGENCY determines the
<br /> deficiencies are properly remedied.
<br /> PERFORMING AGENCY will retain all records for a period of three years from the date of the last expenditure
<br /> report submitted under contract Attachment(s) or until all audit questions are resolved, whichever time period is
<br /> longer.
<br /> ARTICLE 19."Client Records
<br />
<br /> Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, the PERFORMING
<br /> AGENCY shall share all patient information with RECEIVING AGENCY when the contract involves patient care
<br /> by the PERFORMING AGENCY.
<br /> RECEIVING AGENCY may require the PERFORMING AGENCY, or any subrecipient, to transfer a client or
<br /> patient record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either the
<br /> confidentiality of the record or the health and welfare of the client or patient.
<br /> In the event of termination, RECEIVING AGENCY may require the transfer of client or patient records as
<br /> authorized by law upon written notice to PERFORMING AGENCY, either to another entity that agrees to continue
<br /> the service or to RECEIVING AGENCY.
<br /> At the end of the Attachment term, PERFORMING AGENCY shall give RECEIVING AGENCY access to the
<br /> records or provide copies for audit, examination, evaluation, inspection, litigation, or other circumstances that may
<br /> arise, to the extent authorized by law.
<br /> PERFORMING AGENCY, or any subrecipient, shall not otherwise, transfer an identifiable client record, including
<br /> a patient record, to another entity or person without written consent from the client or patient, or someone
<br /> authorized to act on his or her behalf on a form provided by RECEIVING AGENCY or as otherwise authorized
<br /> by law, including the Texas Medical Practice Act, Article 4495b, TRCS.
<br /> (LGS) 1999 GENERAL PROVISIONS Page 11 4/98
<br />
|