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<br />" <br /> <br />to services funded by this contract Attachment until RECEIVING AGENCY notifies <br />PERFORMING AGENCY that retention of these records is no longer required. <br /> <br />PERFORMING AGENCY shall acquire and utilize at least the minimum requirements for the <br />THS/EPSDT outreach software/hardware. The THS/EPSDT outreach software was developed <br />by RECEMNG AGENCY to comply with settlement terms of the above-referenced lawsuit, and <br />is an asset of RECEMNG AGENCY. RECEMNG AGENCY will not provide source code to <br />PERFORMING AGENCY. PERFORMING AGENCY shall use the software for its intended <br />purpose upon the condition that the software shall not be modified,: decompiled, transferred, <br />assigned, sold, or distributed in any manner by PERFORMING AGENCY. <br /> <br />PERFORMING AGENCY shall obtain RECEIVING AGENCY Central Office Program staff <br />approval prior to developing any software to be used with RECEMNG AGENCY software. The . <br />copyright to any such software shall belong to RECEIVING AGENCY. <br /> <br />In addition to the General Provisions CONFIDENTIALITY Article, PERFORMING AGENCY <br />shall adhere to RECEMNG AGENCY requirements for confidentiality ofTHS/EPSDT Medicaid <br />client information in accordance with the 1998 Texas Medicaid Provider Procedures Manual and <br />42 CFR ~~431.301-431.307. PERFORMING AGENCY shall ensure compliance with all federal . <br />and state laws and regulations related to access, safeguards, and disclosure of confidential client <br />information subject to any changes in law that may occur. State and federal law prohibits <br />disclosure of any information including, but not limited to, names and addresses concerning <br />Medicaid applicants or recipients for purposes not directly connected with administration of the <br />Medicaid program. <br /> <br />PERFORMING AGENCY shall adopt security procedures to protect the confidentiality of <br />information to assure that unauthorized persons cannot retrieve the information by computer, " <br />remote terminal, or otherwise. <br /> <br />PERFORMING AGENCY shall store any printed reports ,or other materials containing <br />confidential information in a physically secure location protected from access by unauthorized <br />persons . <br /> <br />PERFORMING AGENCY shall protect THS/EPSDT outreach software against intrusion by <br />unauthorized users, including providing protective virus screening software. <br /> <br />, PERFORMING AGENCY shall notify RECEIVING AGENCY immediately upon detecting any <br />security violation of any provisions contained herein. <br /> <br />As Medicaid managed care is implemented within PERFORMING AGENCY'S service area, the <br />Scope of Work described in Section I above is subject to renegotiation. PERFORMING <br />AGENCY shall coordinate activities with managed care providers within PERFORMING <br />AGENCY'S service area described in Section I above. <br /> <br />ATTACHMENT - Page 6 <br />