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<br />authorization of the patient or client, upon tennination 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 immunodeficiency <br />syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees and clients concerning HIV <br />and its related conditions, including AIDS, in accordance with the Health and Safety Code § 85.112-114. <br /> <br />ARTICLE 28. Sanctions <br /> <br />RECEIVING AGENCY may impose sanctions for any breach of this contract and will monitor PERFORMING <br />AGENCY for both progranunatic and [mancial compliance. HHSC may impose or recommend imposition of <br />sanctions to RECEIVING AGENCY for any breach of this contract and will monitor PERFORMING AGENCY for <br />financial compliance. RECEIVING AGENCY may, at its own discretion, impose one or more sanctions for each <br />item of noncompliance and will detennine sanctions on a case-by-case basis. A state or federal statute, rule, <br />regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or <br />guideline can be read together with the provision(s) of this Article to give effect to both. <br /> <br />RECEIVING AGENCY may: <br /> <br />(LGS) <br /> <br />T <br /> <br />A. <br /> <br />Tenninate all or a part of this contract. See the Tennination Article in these provisions. <br /> <br />B. <br /> <br />Suspend all or part of this contract. Suspension is, depending on the context, either (1) the temporary <br />withdrawal of PERFORMING AGENCY'S authority to obligate funds pending corrective action by <br />PERFORMING AGENCY or its subrecipient(s) or pending a decision to tenninate or amend the contract, <br />or (2) an action taken by a suspending official in accordance with agency regulations implementing <br />Executive Order 12549 to immediately exclude a person from participating in contract transactions for a <br />period, pending completion of an investigation and such legal or debarment proceedings as may ensue. <br />PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY during <br />a suspension are not allowable unless expressly authorized by the notice of suspension; <br /> <br />C. <br /> <br />Disallow (deny both use of funds and matching credit for) all or part of the activities or action not in <br />compliance; <br /> <br />D. <br /> <br />Temporarily withhold cash payments. Temporarily withholding cash payments means the temporary <br />withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) for proper <br />charges or obligations incurred, pending resolution of issues of noncompliance with contract conditions or <br />indebtedness to the United States or to the State of Texas; <br /> <br />E. <br /> <br />Pennanently withhold cash payments. Pennanent withholding of cash payment means that RECEIVING <br />AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for å) unallowable, <br />undocumented, disputed, inaccurate, improper, or erroneous billings; b) failure to comply with contract <br />provisions; or c) indebtedness to the United States or to the State of Texas; <br /> <br />F. <br /> <br />Deny contract renewal or future contract awards to a PERFORMING AGENCY; <br /> <br />G. <br /> <br />Delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions are <br />pending resolution; <br /> <br />GENERAL PROVISIONS 6/2004 <br /> <br />Page 17 <br /> <br />I <br />