Res 1996-183 - Laserfiche WebLink

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S7,J ARTICLE 17. CHpnt Record~ - PERFORMING AGENCY, or any subcontractor, shall not transfer an identifiable client record, including a patient record, to another entity or person without written consent from the client or patient, or someone authorized to act on his or her behalf; however, the RECEIVING AGENCY may require the PERFORMING AGENCY, or any subcontractor, to transfer a client or patient record to another agency or to the RECEIVING AGENCY if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient. At the end of the Attachment term, all client or patient records are the property of PERFORMING AGENCY. RECEIVING AGENCY retains the right to have access to the records or obtain copies for audit, examination, evaluation, inspection, litigation, or other circumstances that may arise. If at any time during the Attachment term(s), PERFORMING AGENCY and/or RECEIVING AGENCY should decide to terminate the agreement, RECEIVING AGENCY may require the transfer of client or patient records upon written notice to PERFORMING AGENCY, either to another entity that agrees to continue the service or to RECEIVING AGENCY. Notwithstanding any other provision herein, jf requested by RECEIVING AGENCY, the PERFORMING AGENCY shall share all patient information with the RECEIVING AGENCY when the contract involves patient care by the PERFORMING AGENCY. The PERFORMING AGENCY shall attempt to obtain a release of medical information from the client or patient or someone authorized to act on his or her behalf permitting the transfer of information outside the PERFORMING AGENCY on forms supplied by the RECEIVING AGENCY. If the patient refuses to sign the release ofinfonnatÏon form, the information will be shared with the RECEIVING AGENCY devoid of all identifiers of a personal nature, as specified by RECEIVING AGENCY. ARTICLE 18. Confinenti::l1ity , PERFORMING AGENCY will have a system in effect to protect client or patient records and all other documents deemed confidential by law which are maintained in connection with the activities funded under contract Attachment(s). Any disclosure or transfer of confidential client or patient information by PERFORMING AGENCY, including information required by the Reports and Inspections Article, will be in accordance with applicable law. Ifproviding direct client care, services, or programs, PERFORMING AGENCY agrees to implement workplace policies based on the model guidelines adopted by RECEIVING AGENCY and to educate employees and clients concerning the human immunodeficieocy virus (HIV) and its related conditions including acquired immunodeficiency syndrome (AIDS) in accordance with §85.113 of the Health and Safety Code. ARTICLE 19. Equipment ::Inn SnppJies Equipment is defined as tangible nonexpendable property with an acquisition cost of over $1,000 and a useful life of more than one year with the following exceptions: Fax Machines, Stereo Systems, Cameras, Video RecorderlPlayers, Microcomputers, and Printers. These exception items will still be considered equipment if their unit cost is over $500. In accordance with Health & Safety Code, §12.053, title to all equipment and supplies purchased from funds provided herein will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s). Unless IDitially listed and approved in the Anachment(s), prior written approval from RECEIVING AGENCY is required for any additions to or deletions of approved equipment purchases meeting the above equipment definition. To receive approval for data processing hardware and software, PERFORMING AGENCY must submit a detailed justification which includes description of features, make and model, cost, etc. PERFORMING AGENCY will m::¡;nt:l;n a property inventory listing and submit an annual cumulative report (TDH Form GC-11) to RECEIVING AGENCY no later than October 15th of each year. PERFORMING AGENCY will administer a program of maintenance, repair, and protection of assets under this contract so as to assure their full availability and (In&Ú!JH'r.dent) 1997 GENERAL PROVISIONS - Page 8 (5/96)