2007-108-RES-Approving and Authorizing the execution of a contract with the department of State Health Services (DSHS)

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3 DSHS certifies that it has the authority to enter into this Contract granted in Health } and Safet Code Chapter 1001, and Contractor certifies that it has specific statutory y authority to enter into and perform this Contract. (c} The following additional provisions shall apply to interlocal cantedcand in compliance 1) This Contract is entered into pursuant to the authonty gr with the provisions of the Interlocal Cooperation Act, Gov. Code Chapter 791•lable to 2) Payments made by DSHS to Contractor shall be from current revenues avai DSHS. 3) Each party represents that it has been authorized to enter into this Co ed b a duly (d) Contractor agrees that Contract Revision Requests, when s gn y authorized representative of Contractor, shall be effective as of the effective date specified bby the Department, whether that date is prior to or after the date of any ratification y Contractor's governing board. ARTICLE II SERVICES Section'2.01 Education to Persons in Residential Facilities. If applicable, re dent al shall ensure that all persons, who are housed in Department licensed and/or funded ducational facilities and who are twenty-two (22) years of age or younger, have access to services as required by TEx. EDUC. CODE § 29.012. Contractor shall notify the DEaI education agency or local early intervention program as prescnbed by TEx. EDUC. Co 22 29.012 not later than the third calendar day after the date a person who is twenty-two ( ) years of age or younger is placed in Contractor's residental facility. Section 2.02 Disaster Services. In the event of a local, state, or federalde~laredeasya including natural, man-made, cnminal, terrorist, and/or bioterrons o riatet federal official, state disaster by the Governor, or a federal disaster b nos pcespas a ropriate, in the Contractor may be called upon to assist DSHS in proved g ~ PP followin areas: community evacuation, health and medical assistance; assessment of healal g and medical needs; health surveillance; medical care personnel; health an atus food equipment and supplies; patient evacuation; in-hospital care and hospital face ubstance abuse; drug, and medical device safety; worker health and safety; mental health and s ublic health information; vector control and veterinary services; and victim identificative p and mortuary services. Disaster services shall be carved out in the manner most response to the needs of the emergency, be cost effective, and be least intrusive on the primary services of the Contractor. Section 2.03 Consent to Medical Care. If Contractor provides medical, dental, s cholo 'cal or surgical treatment to a minor under this Contract, either directly or thro~gh pY ~ contracts with subcontractors, the treatment of a minor shall be provided only if consen Chapter 32 relating to consent to treatment treatment is obtained pursuant to TEx. FAM. CoDO~other state law. If requirements of federal of a child by anon-parent or child or pursuan law relatin to consent directly conflict with TEx. FAM. CODE, Chapter 32, federal law shall g supersede state law. Section 2.04 Telemedicine Medical Services, Contractor shall ensure that if a provider uses telemedicine/telepsychiatry that the services are implemented in accordance with wntten rocedures and using protocol approved by the Contractor s medical director and utilizing P Rev. 0712012006 Page 5 EF29-12425 General Provisions (Core Subrecipient 2007)