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2001-120-RES AUTHORIZING EXECUTION OF CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOC NO 7560022067-200203
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2001-120-RES AUTHORIZING EXECUTION OF CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOC NO 7560022067-200203
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8/18/2006 4:29:14 PM
Creation date
10/30/2001 3:49:31 PM
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CITY CLERK
Doc Name
2001
Doc Type
Resolution
CITY CLERK - Date
8/13/2001
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<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 ofthe record retention schedules or the Texas Department of Health <br />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 27. Patient or Client Records <br /> <br />Notwithstanding any other provision herein, ifrequested by RECEIVING AGENCY, PERFORMING AGENCY <br />shall share all patient or client information with RECEIVING AGENCY when the contract involves patient or client <br />care by the PERFORMING AGENCY, <br /> <br />RECEIVING AGENCY may require PERFORMING AGENCY, or any subrecipient, to transfer a client or patient <br />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 continue <br />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 may <br />arise, to the extent authorized by law. <br /> <br />PERFORMING AGENCY, or any subrecipient, shall not otherwise transfer an identifiable client record, including a <br />patient record, to another entity or person without written consent from the client or patient, or someone authorized <br />to act on his or her behalf. Written consent must be given on a form provided by RECEIVING AGENCY or as <br />otherwise authorized by law, including the Texas Occupations Code, Chapter 159, as amended. <br /> <br />ARTICLE 28. Confidentiality <br /> <br />PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents <br />deemed confidential by law which are maintained in connection with the activities funded under this contract. <br />PERFORMING AGENCY shall not disclose or transfer confidential client or patient information, including <br />information required by the Reports Article, except in accordance with applicable law. <br /> <br />If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING <br />AGENCY'S policies based on the model mv / AIDS (human immunodeficiency virus/acquired immunodeficiency <br />syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees and clients concerning <br />HIV and its related conditions, including AIDS, in accordance with the Health and Safety Code 9~85.112-114. <br /> <br />ARTICLE 29. Sanctions <br /> <br />RECEIVING AGENCY may impose sanctions for any breach of contract, and will monitor PERFORMING <br />AGENCY for both programmatic and financial compliance. RECEIVING AGENCY may, at its own discretion, <br />impose one or more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. <br />A state or federal statute, rule, regulation, or federal guideline will prevail over the provisions of this Article unless <br /> <br />(LGS) <br /> <br />2002 GENERAL PROVISIONS Page 18 <br /> <br />04/0 I <br />
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