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K'f",S PERFO~IING'AGENCY will retain all such records for a period of three years from the date of the last expenditure report submitted under contract Attachment(s) or until resolution of all audit questions, whichever time period is longer. ARTICLE 17. Client Records 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 behal f i however, the RECEIVING AGENCY may require the PERFO~ING 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), PERFO~IING 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, if 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 of information 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. Confidentiality 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. If providing 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 immunodeficiency virus (HIV) and its related conditions including acquired immunodeficiency syndrome (AIDS). PERFORMING AGENCY agrees to develop and implement policies regarding confidentiality of AIDS and HIV-related medical information for employees of PERFORMING AGENCY and for clients, inmates, patients, and residents served by PERFORMING AGENCY. Further, PERFORMING AGENCY agrees to develop and implement an anti-discrimination policy assuring all privileges and opportunities for any employee or client with a communicable disease. HIV-related policies will be based on accurate scientific information. Such policies will be consistent with the model guidelines published by RECEIVING AGENCY and with state and federal laws and regulations. A PERFORMING AGENCY that does not adopt a confidentiality policy as herein required is not legally eligible to receive state funds until the policy is developed and implemented. (Independent) 1996 GENERAL PROVISIONS - Page 8 (5/95)