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<br />that is the subject of litigation or an audit until the litigation is ended or all questions pertaining to the audit are <br />resolved. <br /> <br />Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established <br />herein. <br /> <br />ARTICLE 22. Confidentiality of Protected Health Information <br /> <br />PERFORMING AGENCY is required to comply with state and federal laws relating to the privacy and <br />confidentiality of patient and client records that contain protected health information, or other information made <br />confidential by law. <br /> <br />PERFORMING AGENCY is required to disclose protected health information of patients or clients provided <br />services funded through this contract to RECEIVING AGENCY upon request, or as otherwise required in other <br />contract provisions. . <br /> <br />RECEIVING AGENCY is authorized to request, collect and receive protected health information under this <br />contract, without the consent of the individual to whom the protected health information relates, for funding, <br />payment and administration of the grant program. <br /> <br />RECEIVING AGENCY is also authorized to request, collect and receive protected health information under this <br />contract, without the consent of the individual to whom the protected health information relates, under <br />exceptions to state confidentiality laws and federal privacy laws, including the Health Insurance Portability and <br />Accountability Act (HIP AA) and the Privacy Standards adopted to implement HIP AA at 45 CFR Parts 160 and <br />164, at ~164.512, and Occupations Code, Chapter 159, at ~~159.003 and 159.004. <br /> <br />PERFORMING AGENCY muSt maintain patient and client records in compliance with state laws relating to the <br />secmity and retention of medical or patient records. RECEIVING AGENCY may require PERFORMING <br />AGENCY to transfer original or copies of patient and client records to another entity, without the consent or <br />authorization of the patient or client, upon termination of this contract, or if the care and treatment of the <br />individual patient or client is transferred to another entity. <br /> <br />If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING <br />AGENCY'S policies based on the model HIV/AIDS (human immunodeficiency virus/acquired <br />immunodeficiency syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees <br />and clients concerning HIV and its related conditions, including AIDS, in accordance with the Health and Safety <br />Code, ~~85.l12-114. <br /> <br />ARTICLE 23. Hold Harmless <br /> <br />PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY and/or the <br />federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and <br />judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from <br />performance or nonperformance of PERFORMING AGENCY under this contract. <br /> <br />ARTICLE 24. Sanctions <br /> <br />RECEIVING AGENCY may impose sanctions for any breach of this contract, and will monitor PERFORMING <br />AGENCY for both programmatic and fmancial compliance. HHSC may impose or recommend imposition of <br />sanctions to RECEIVING AGENCY for any breach of this contract and will monitor PERFORMING AGENCY <br />for financial compliance. RECEIVING AGENCY may, at its own discretion, impose one or more sanctions <br />for each item of noncompliance and will determine sanctions on a case-by-case basis. A state or federal statute, <br /> <br />(Fee-for-Service) <br /> <br />GENERAL PROVISIONS 6/2004 <br /> <br />. Page 14 <br />