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<br />ARTICLE 18. Client Records
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<br />PERFORMING AGENCY, or any subcontractor. shall not transfer an identifiable client record, including a patient
<br />record, to another entity or person without written consent from the client or patient, or someone authorized to act
<br />on his or her behalf; however, the RECEIVING AGENCY may require the PERFORMING AGENCY, or any
<br />subcontractor. to transfer a client or paticnt record to another agency or to the RECENING AGENCY if the transfer
<br />is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient.
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<br />At the end of the Attachment term, all client or patient records are the property of PERFORMING AGENCY.
<br />PERFORMING AGENCY shall give RECEIVING AGENCY access to the records or provide copies for audit,
<br />examination, evaluation, inspection, litigation, or other circumstances that may arise, to the extent authorized by law.
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<br />If at any time during the Attachment term(s), PERFORMING AGENCY and/or RECEIVING AGENCY should
<br />decide to terminate the agrecment, 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.
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<br />Notwithstanding any other provision herein, if requested by RECENING AGENCY, the PERFORMING AGENCY
<br />shall share all patient information with the RECEIVING AGENCY when the contract involves patient care by the
<br />PERFORMING AGENCY. The PERFORMING AGENCY shall attempt to obtain a release of medical information
<br />from the client or patient or someone authorized to act on his or her behalf permitting the transfer of information
<br />outside the PERFORMING AGENCY on forms supplied by the RECEIVING AGENCY. If the patient refuses to sign
<br />the release of information form, thc information will be shared with the RECEIVING AGENCY devoid of all
<br />identifiers of a personal nature. as specified by RECEIVING AGENCY.
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<br />ARTICLE 19. Confidentialitv
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<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 conncction with the activities funded under contract
<br />Attachment(s). PERFORMING AGENCY may not disclose or transfer confidential client or patient information,
<br />including information required by the Reports and Inspections Article, cxcept in accordance with applicable law.
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<br />If providing direct client care, services, or programs, PERFORMING AGENCY shall implement workplace policies
<br />based on the model guidelines adopted by RECEIVING AGENCY, and PERFORMING AGENCY shall educate
<br />employees and clients concerning the human immunodeficiency virus (HIV) and its related conditions, including
<br />acquired immunodeficiency syndrome (AIDS), in accordance with the Health and Safety Code. ~85.113, VTCA.
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<br />ARTICLE 20. EouiDment and SUDDlies
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<br />In accordance with Health & Safety Code, ~12.053. VTCA, titlc to all equipment and supplies purchased from funds
<br />provided herein will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s) or until the
<br />Attachment is terminated.
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<br />Equipment is dermed as tangible nonexpendable property with an acquisition cost of over $1,000 and a useful life of
<br />more than one year, with the following exceptions: fax machines, stereo systems, cameras, video recorder/players,
<br />microcomputers, medical equipment, laboratory equipment, and printers. If the unit cost of these exception items is
<br />over $500, they will still be Considered equipment, must be approved for purchase, and are considered capital assets
<br />for inventory purposes. Medical and laboratory equipment in this category is defined as microscopes, oscilloscopes,
<br />centrifuges, balances, and incubators. Medical and laboratory equipment not included in these five categories is not
<br />considered a capital asset unless the unit value is over $1,000.
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<br />(LHS)
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<br />1998 GENERAL PROVISIONS - Page 10
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<br />(8/97)
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