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<br />P.O. Box 85200
<br />Austin, Texas 78708-5200
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<br />ARTICLE VII CONFIDENTIALITY.
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<br />Section 7.01 Maintenance of Confidentiality. Contractor must maintain the
<br />privacy and confidentiality of information and records received during or related to
<br />the performance of this Contract, including patient and client records that contain
<br />protected health information (PHI), and any other information that discloses
<br />confidential personal information or identifies any client served by DSHS, in
<br />accordance with applicable federal and state law and Rules, including but not
<br />limited to 7 CFR Part 246; 42 CFR Part 2,45 CFR Parts 160 and 164; Health and
<br />Safety Code Chapters 12,47,81,82,85,88,92, 161, 181,241,245,251,534,576,
<br />577, 596, 611, and 773; and Occupations Code, Chapters 56 and 159 and all
<br />applicable Rules.
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<br />Section 7.02 Use of PHI. If Contractor is subject to HIPAA privacy regulations
<br />at 45 CFR Parts 160 and 164, Contractor may receive, use and disclose PHI, as
<br />defined in 45 CFR 9164.501, only to carry out Contractor's duties under this
<br />Contract in accordance with the regulations. When using or disclosing PHI or when
<br />requesting PHI from another entity, Contractor must make reasonable efforts to
<br />limit the PHI to the minimum necessary to accomplish the intended purpose of the
<br />use, disclosure or request.
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<br />Section 7.03 Disclosure to Department. Contractor is required to disclose PHI
<br />of patients or clients provided services funded through this Contract and other
<br />confidential information to Department upon request, or as otherwise required in
<br />other contract provisions or laws governing the release of client records or other
<br />confidential information.
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<br />Section 7.04 Department Access to PHI. Contractor shall cooperate with
<br />Department to allow Department to request, collect and receive PHI under this
<br />Contract, without the consent of the individual to whom the PHI relates, for
<br />funding, payment and administration of the grant program, and for purposes
<br />permitted under applicable state and federal confidentiality and privacy laws,
<br />including the Health Insurance Portability and Accountability Act (HIP AA) and the
<br />Privacy Standards adopted to implement HIPAA at 45 C.F.R. pts. 160 and 164, at 9
<br />164.512, and TEX. Dcc. CODE ch. 159, at 99 159.003 and 159.004.
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<br />Section 7.05 Exchange of Client-Identifying Information. Except as
<br />prohibited by other law, Contractor and DSHS shall exchange PHI without the
<br />consent of clients in accordance with 45 CFR 9 164.504(e)(3)(i)(B), Health and
<br />Safety Code S 533.009 and Rule Chapter 414, Subchapter A or other applicable law
<br />or rules. Contractor shall disclose information described in Health and Safety Code
<br />S 614.017(a)(2) relating to special needs offenders, to an agency described in
<br />Health and Safety Code S614.017(c) upon request of that agency, unless Contractor
<br />documents that the information is not allowed to be disclosed under 45 CFR Part
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<br />General Provisions (Core Subrecipient 2008)
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<br />6/12/2007
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