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<br />ARTICLE 25. Records Retention <br /> <br />PERFORMING AGENCY shall retain and preserve all records relating to this contract generated or collected <br />by PERFORMING AGENCY or subgrantee thereof according to Government Code ~441.006. 13 TAC ~6.1O, <br />RECEIVING AGENCY's certified records retention schedule, and UGMS, Part ill, "State Uniform Requirements <br />for Grants and Cooperative Agreements," Subpart C - Post-Award Requirements, Item _.42. Any record held <br />by PERFORMING AGENCY which is not identified in the referenced retention schedules will be retained by <br />PERFORMING AGENCY for a period of three years from the date of the last expenditure report submitted under <br />contract Attachment(s) or until all audit questions are resolved, or until any court order(s) requiring record <br />retention are dissolved, whichever time period is longer. PERFORMING AGENCY shall retain medical records <br />in accordance with the governing rules or regulations which may be applicable. <br /> <br />The retention schedules referenced in this Article are incorporated by reference and made a part of this contract. <br />PERFORMING AGENCY may obtain a copy of the record retention schedules or the Texas Department of <br />Health Records Handbook by contacting RECEIVING AGENCY's Records Coordinator. <br /> <br />Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established herein. <br /> <br />ARTICLE 26. Patient or Client Records <br /> <br />Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, PERFORMING AGENCY <br />shall share all patient or client information with RECEIVING AGENCY when the contract involves patient or <br />client care by the PERFORMING AGENCY. <br /> <br />RECEIVING AGENCY may require 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 /> <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 <br />continue the service or to RECEIVING AGENCY. <br /> <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 <br />may arise, to the extent authorized by law. <br /> <br />PERFORMING AGENCY, or any subrecipient, shall not otherwise transfer an identifiable client record, <br />including a patient record, to another entity or person without written consent from the client or patient, or <br />someone authorized to act on his or her behalf. Written consent must be given on a form provided by <br />RECEIVING AGENCY or as otherwise authorized by law, including the Texas Medical Practice Act, Texas <br />Occupations Code, ~~159.001 et seq. <br /> <br />ARTICLE 27. Confidentiality <br /> <br />PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other <br />docWllents deemed confidential by law which are maintained in connection with the activities funded under this <br />contract. PERFORMING AGENCY shall not disclose or transfer confidential client or patient information, <br />including information required by the Reports Article, except in accordance with applicable law. <br /> <br />(WS) <br /> <br />2001 GENERAL PROVISIONS Page 17 <br /> <br />4/00 <br />