07-L(1) Health Contract - Laserfiche WebLink

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that is the subject of litigation or an audit until the litigation is ended or all questions pertaining to the audit are resolved. Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established herein. ARTICLE 22. Confidentiality_of Protected Health Information PERFORMING AGENCY is required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain protected health information, or other information made confidential by law. PERFORMING AGENCY is required to disclose protected health information of patients or clients provided services funded through this contract to RECEIVING AGENCY upon request, or as otherwise required in other contract provisions. , RECEIVING AGENCY is authorized to request, collect and receive protected health information under this contract, without the consent of the individual to whom the protected health information relates, for funding, payment and administration of the grant program. RECEIVING AGENCY is also authorized to request, collect and receive protected health information under this contract, without the consent of the individual to whom the protected health information relates, under exceptions to state confidentiality laws and federal privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the Privacy Standards adopted to implement HIPAA at 45 CFR Parts 160 and 164, at §164.512, and Occupations Code, Chapter 159, at §§159.003 and 159.004. PERFORMIlNG AGENCY must maintain patient and client records in compliance with state laws relating to the security and retention of inedical or patient records. RECEIVING AGENCY may require PERFORMIIVG AGENCY to transfer original or copies of patient and client recards to another entity, without the consent or authorization of the patient or client, upon termination of this contract, or if the care and treatment of the individual patient or client is transferred to another entity. ff providing direct client care, services, or programs, PERFORMIlNG AGENCY shall implement RECEIVING AGENCY'S policies based on the model HN/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees and clients conceming HN and its related conditions, including AIDS, in accardance with the Health and Safety Code, §§85.112-114. ARTICLE 23. Hold Harmless PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY and/or the federal govemment harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of PERFORMING AGENCY under this contract. • ARTIC'LE 24. Sanctions RECEIVING AGENCY may impose sanctions for any breach of this contract, and will monitor PERFORMNG AGENCY for both programmatic and financial complia.nce. HHSC may impose or recommend unposition of sanctions to RECEIVING AGENCY for any breach of this contract and will monitor PERFORIIING AGENCY for financial compliance. RECENING AGENCY may, at its own discretion, impose one or more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. A state or federal statute, (Fee for-Service) GENERAL PROVISIONS 612004 • Page 14