2006-108-RES-DSHS Document NO. 2007-020428, Regional and Local Medical Services

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with 45 CFR 9 164.504(e)(3)(i)(B), Health and Safety Code 9 533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall disclose infonnation described in Health and Safety Code ~ 614.017(a)(2) relating to special needs offenders, to an agency described in Health and Safety Code ~614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.07 Security of Patient or Client Records. Contractor must maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon tennination of this Contract, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client,. Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon tennination of this Contract or if care or treatment is transferred to another DSHS-funded contractor. Section 7.08 HIV / AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, policy No. 090.021, and Contractor shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the TEX. HEALTH & SAFETY CODE 9 85.112- 114. A link to the Model Workplace Guidelines can be found on the Texas Department of Health legacy website at http://www.tdh.state.tx.us/hivstd/policy/policy2.htm#top. ARTICLE VIII RECORDS RETENTION. Section 8.01 Retention. Contractor shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http://www.dshs.state.tx.us/records/schedules.shtm. Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. At a minimum Contractor shall retain and preserve all other records, including financial records, which are generated or collected by Contractor under the provisions of this Contract, for a period of four (4) years after the termination of the Contract. If services are funded through Medicaid, the federal retention period, if more than four (4) years, shall apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex Admin Code Title 22, Part 9, ~165.1(b) and (c) or other applicable statutes and regulations governing medical information. Contractor shall ensure that this provision concerning records retention is included in any subcontract it awards. If Contractor ceases business operations, it shall ensure that records relating to the Contract are securely stored and are accessible by the Department upon Department's request for at least four years from the date Contractor ceases business or from the termination date of the Contract, whichever is sooner. Contractor shall provide the name and address of the party responsible for storage of EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07120/2006 Page 12