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<br />,I <br /> <br />RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal <br />government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including,reviews <br />of client or patient records and discussions with staff) performed by PERFORMING AGENCY and its <br />subrecipient(s), if any, and the premises on which the work is being performed. PERFORMING AGENCY and its <br />subrecipient(s) shall participate in inspections and provide reasonable access, facilities, and assistance to the <br />representatives. All inspections and evaluations will be performed in such a manner as will not unduly interfere <br />with the work. <br /> <br />PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal <br />governmen~and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent <br />books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination, <br />excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the <br />right to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right of <br />RECEIVING AGENCY to recover excessive or illegal payments. <br /> <br />Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY's records <br />will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY's resolution of findings will <br />also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's <br />findings. A RECEIVING AGENCY determination of either an inadequate or inappropriate resolution of the <br />findings may result in sanctions which will remain in effect until RECEIVING AGENCY determines the <br />deficiencies are properly remedied. <br /> <br />PERFORMING AGENCY will retain all records for a period of three years from the date of the last expenditure <br />report submitted under contract Attachment(s) or until all audit questions are resolved, whichever time period is <br />longer. <br /> <br />ARTICLE 19. Client Records <br /> <br />Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, the PERFORMING <br />AGENCY shall share all patient information with RECEIVING AGENCY when the contract involves patient care <br />by the PERFORMING AGENCY. <br /> <br />RECEIVING AGENCY may require the PERFORMING AGENCY, or any subrecipient, to transfer a client or <br />patient record to another agency or to RECEIVING AGENCY if the tral1sfer 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 subrecipien~ shall not otherwise transfer an identifiable client record, including <br />a patient record, to another entity or person without written consent from the client or patient, or someone <br />authorized to act on his or her behalf on a form provided by RECEIVING AGENCY or as otherwise authorized <br />by law, including the Texas Medical Practice Act, Article 449Sb, TRCS. <br /> <br />(LGS) <br /> <br />1999 GENERAL PROVISIONS Page 11 <br /> <br />4/98 <br />