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

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Austin Texas 78756-3199 Texas Health and Human Services Commission Office of Inspector General CompliancelAuditMai1 Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 ARTICLE VII CONFIDENTIALITY. Section 1.01 Confidential Information. Contractor is required to comply with state and federal laws relating to the pnvacy and confidentiality of patient and client records tha contain protected health information (PHI), or other information or records made confidential bylaw. Section 7.02 Maintenance of Confidentiality. Contractor must maintain the confidentiality of information received during the performance of this Contract, including PHI, and any other information that discloses confidential personal information or identu es any client served by DSHS, in accordance with applicable federal and state law and. R , 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, 8'l, 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 7.03 Use of PHI. If Contractor is subject to HIPAA privacy regulations at FR CFR Parts 160 and 164, Contractor may receive, use and disclose PHI, as defined lnwith the §164.501, only to carry out Contractor's duties under this Contract in accordance regulations. When using or disclosing PHI or when requesting PHI from another entityo, Contractor must make reasonable efforts to limit the PHI to the minimum necessary accomplish the intended purpose of the use, disclosure or request. Section 7.04 Disclosure to Department. Contractor is required to disclose PHI off patients or clients provided services funded through this Contract and other confidenti 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 7.05 Department Access to PHI. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI under this Contract, without the co f the of the individual to whom the PHI relates, for funding, payment and admuustration grant program. Contractor shall cooperate with Department to allow Department to rewhom collect and receive PHI under this Contract, without the consent of the individual to the PHI relates, under applicable state and federal confidentiality and privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the Privacy Standards adopted to implement HIPAA at 45 C.F.R. pts. 160 and 164, at § 164.512, and TEx. Occ. CODE ch.159, at §§ 159.003 and 159.004. Section 7.06 Exchange of Client-Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 0712012006 Page 11