04-B2 State Health Services Contract

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P.O. Box 85200 Austin, Texas 78708-5200 ARTICLE VII CONFIDENTIALITY. Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protect.;:) health information (PHI), and any other information that discloses confidennal personal information or identifies any client served by DSHS, in accordance with applicable federal and state law and Rules, including but not limited to 7 CFR Part 246; 42 CFR Part 2, 45 CFR Parts 160 and 164; Health and Safety Code Chapters 12,47, 81,82, 85, 88, 92, 161, 181,241,245,251,534,576, 577, 596, 611, and 773; and Occupations Code, Chapters 56 and 159 and all . applicable Rules. Section 7.02 Use of PHI. If Contractor is subject to HIPAA privacy regulations at 45 CFR Parts 160 and 164, Contractor may receive, use and disclose PHI, as . defined in 45 CFR ~164.501, only to carry out Contractor's duties under this Contract in accordance with the regulations. When using or disclosing PHI or when requesting PHI from another entity, Contractor must make reasonable efforts to limit the PHI to the minimum necessary to accomplish the intended purpose of the. use, disclosure or request. Section 7.03 Disclosure to Department. Contractor is required to disclose PHI of patients or clients provided services funded through this Contract and other . confidential information to Department upon request, or as otherwise required in other contract provisions or laws governing the release of client records or other- confidential information. Section 7.04 Department Access to pm. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program, and for purposes permitted under applicable state and federal confidentiality and privacy laws, . including the Health Insurance Portability and Accountability Act (HIP AA) and the Privacy Standards adopted to implement HIPAA at 45 C.F.R. pts. 160 and 164, at ~ 164.512, and TEX. Oce. CODE ch. 159, at ~~ 159.003 and 159.004. Section 7.05 Exchange of Client-Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR ~ 164.504(e)(3)(i)(B), Health and Safety Code ~ 533.009 and Rule Chapter 414, Subchapter A or other applicable law. or rules. Contractor shall disclose information 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 General Provisions (Core Subrecipient 2008) ,.~r 6/12/2007 12