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07-F DSHS Contract No. 2007-020428
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07-F DSHS Contract No. 2007-020428
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8/9/2006 11:43:39 AM
Creation date
8/7/2006 2:53:47 PM
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AGENDA
Item Number
07-F
AGENDA - Type
RESOLUTION
Description
Public Health Services Contract DSHS Document No. 2007-020428
AGENDA - Date
8/14/2006
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<br />records to the Division Contract Management Unit assigned to the Contract. <br /> <br />Section 8.02 Survival of Obligations. The obligations of Contractor to retain records and <br />maintain confidentiality of information shall survive this Contract. <br /> <br />ARTICLE IX ACCESS AND INSPECTION. <br /> <br />Section 9.01 Access. In addition to any right of access arising by operation of law, <br />Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors <br />shall permit the Department or any of its duly authorized representatives, as well as duly <br />authorized federal, state or local authorities, including the Office of the Inspector General at <br />HHSC (GIG), and the State Auditor's Office (SAG), unrestricted access to and the right to <br />examine any site where business is conducted and all records (including client and patient <br />records, if any), books, papers or documents related to the Contract. If deemed necessary by <br />the Department or the DIG, for the purpose of investigation or hearing, Contractor shall <br />produce original documents related to the Contract. Further, Contractor will ensure that <br />information collected, assembled or maintained by the Contractor relative to this Contract is <br />available to the Department for the Department to respond to requests that it receives under <br />the Public Information Act. The Department and HHSC will have the right to audit billings <br />both before and after paYment. PaYments will not foreclose the right of Department and <br />HHSC to recover excessive or illegal paYments. Contractor will ensure that this provision <br />concerning the right of access to, and examination of, information related to the Contract is <br />included in any subcontract it awards. <br /> <br />Section 9.02 State Auditor's Office. Contractor shall, upon request, make all records, <br />books, papers, documents, or recordings related to this Contract available for inspection, <br />audit, or reproduction during normal business hours to any authorized representative of the <br />Department. The Contractor understands that the acceptance of funds under this Contract <br />acts as acceptance of the authority of the SAG, or any successor agency, to conduct an audit <br />or investigation in connection with those funds. The Contractor further agrees to cooperate <br />fully with the SAD or its successor in the conduct of the audit or investigation, including <br />providing all records requested, and providing access to any information the SAD considers <br />relevant to the investigation or audit. Contractor will ensure that this provision concerning <br />the authority to audit funds will apply to funds received indirectly by subcontractors through <br />the Contractor, and the requirement to cooperate, is included in any subcontract it awards. <br /> <br />Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC <br />upon examination of Contractor's records will be conveyed in writing to Contractor. <br />Contractor will submit, by the date prescribed by DSHS, a resolution to the deficiency in a <br />program review or management or financial audit to the satisfaction of DSHS. A DSHS or <br />HHSC determination of either an inadequate or inappropriate resolution of the findings may <br />result in contract remedies or sanctions under the Breach of Contract and Remedies for Non- <br />Compliance Article ofthis Contract. <br /> <br />ARTICLE X <br /> <br />NOTICE REQUIREMENTS. <br /> <br />Section 10.01 Child Abuse Reporting Requirement. This section applies to mental health <br />and substance abuse contractors and contractors for the following public health programs: <br /> <br />EF29-12425 General Provisions (Core Subrecipient 2007) <br /> <br />Rev. 07/20/2006 Page 13 <br /> <br />r" <br />
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