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<br />,. <br /> <br />t,1 <br /> <br />Minimum Performance Standards numbers 1, 2, 3, 5, 6, 7 and 8 (if entering CARES data on <br />computer), or 9 (if only completing CARES forms). <br /> <br />A PERFORMING AGENCY providing 1-800 telephone service shall comply with Minimum <br />Performance Standards numbers 4, 5, 7, and 8 (if entering CARES data on computer), or 9 (if <br />only completing CARES forms). <br /> <br />SECTION II. SPECIAL PROVISIONS: <br /> <br />PERFORMING AGENCY shall maintain a permanent base of operations that will house the <br />outreach workers. <br /> <br />PERFORMING AGENCY shall respect the client's choice of THS/EPSDT service providers. <br /> <br />PERFORMING AGENCY shall obtain prior written approval of all client-informing materials <br />from RECEIVING AGENCY before distributing these materials. <br /> <br />PERFORMING AGENCY will use THS/EPSDT funds included in this contract Attachment for <br />activities described in Section I. above. PERFORMING AGENCY shall not use these funds for <br />the provision of other THS/EPSDT services, nor divert these funds for use in any other <br />THS/EPSDT program in which PERFORMING AGENCY is involved. <br /> <br />General Provisions, ASSURANCES Article, paragraph ten, is revised to read as follows: <br /> <br />PERFORMING AGENCY assures it may not transfer or assign its interest in this contract <br />Attachment. <br /> <br />General Provisions, REPORTS AND INSPECTIONS Article, paragraph three, is revised to read <br />as follows: <br /> <br />RECEIVING AGENCY, the Texas State Auditor, and the federal government, or any of <br />their duly authorized representatives, shall have access to any pertinent books, documents, <br />papers, electronic data, and client or patient records of PERFORMING AGENCY for the <br />purpose of making audit, examination, excerpts, and transcripts of transactions related to <br />contract Attachment(s). RECEMNG AGENCY will have the right to audit billings both <br />before and after payment. Payment under contract Attachment(s) shall not foreclose the <br />right of RECEIVING AGENCY to recover excessive or illegal payments. <br /> <br />General Provisions, REPORTS AND INSPECTIONS Article, paragraph five, is replaced with <br />the following: <br /> <br />Due to pending litigation involving RECEIVING AGENCY'S THS/EPSDT Program <br />(Frew vs McKinney), PERFORMING AGENCY is required to retain all records related <br /> <br />A TT ACHMENT - Page 5 <br />