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2008-055-RES APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES ("DSHS") DOCUMENT NO. 2009-028229-001 RLSS-LOCAL PUBLIC HEALTH SYSTEM
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2008-055-RES APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES ("DSHS") DOCUMENT NO. 2009-028229-001 RLSS-LOCAL PUBLIC HEALTH SYSTEM
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8/21/2012 1:01:32 PM
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8/6/2008 2:05:11 PM
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CITY CLERK
Doc Name
2008-055-RES
Doc Type
Resolution
CITY CLERK - Date
7/28/2008
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Safety Code § 614.017(a)(2)7elating to special needs offenders, to an agency described in Tex. <br />Health & Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that <br />the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. <br />Section 7.04 Security of Patient or Client Records. Contractor must maintain patient and client <br />records in compliance with state and federal law relating to security and retention of inedical or <br />mental health and substance abuse patient records. Department may require Contractor to transfer <br />original or copies of patient and client records to Department, without the consent or authorization of <br />the patient or client, upon termination of this Contract or a Program Attachment to this Contract, as <br />applicable, or if the care and treatment of the individual patient or client is transferred to another <br />entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall <br />attempt to obtain consent from the patient or client to transfer copies of patient or client records to <br />another entity funded by DSHS e o° treament is transfened to another DSHS-fll ded COritr1COOT.IS <br />Contract, as apphcable, or if car <br />Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client caze, services, <br />or programs, Contractor shall implement Department's policies based on the HN/AIDS (human <br />immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace Guidelines for <br />Businesses, State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate <br />employees and clients concerning HIV and its related conditions, including AIDS, in accordance with <br />the Tex. Health & SafetyCode § 85.112-114. A link to the Model Workplace Guidelines can be <br />found at http //www dsh5 state tx us/hiv5td/policv/pdf/090021.pdf. <br />ARTICLE VIII RECORDS RETENTION <br />Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and <br />federal statutes and regulations. At a minimum, Contractor shall retain and preserve all other records, <br />including financial records that are generated or collected by Contractor under the provisions of this <br />Contract, for a period of four (4) years after the termination of this Contract. If services are funded <br />through Medicaid, the federal retention period, if more than four (4) years, shall apply. Contractor <br />shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the <br />litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for <br />Contractor may extend beyond the retention schedules established in this section. Contractor shall <br />retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, § 165.1(b) and (c) or <br />other applicable statutes and regulations governing medical information. Contractor shall ensure that <br />this provision concerning records retention is included in any subcontract it awards. If Contractor <br />ceases business operations, it shall ensure that records relating to this Contract azeeazs from he date d <br />are accessible by the Department upon Department s request for at least four (4) y <br />Contractor ceases business or from the termination date of this Contract, whichever is sooner. <br />Contractor shall provide the name and address of the party responsible for storage of records to the <br />Division Contract Management Unit assigned to the Program Attachment. <br />6/5/08 Page 13 of 38 <br />General Provisions (Core Subrecipient 2009) <br />
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