|
<br />..
<br />
<br />. 1
<br />
<br />. - Compliance with all applicable standards, orders, or requirements issued under §306 of the Clean Air
<br />Act (42 use §7401), §S08 of the Clean Water Act (33 USC §1368), Executive Order 11738, and
<br />Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants
<br />of amounts in excess of $1 00,000). ,
<br />. Mandatory standards and policies relating to efficiency which are contained in the state energy plan
<br />issued in compliance with the Energy Policy and Conservation Act (p. L. 94-163), 42 use §§6201 et
<br />seq., as amended.
<br />
<br />ARTICLE 19. Reports
<br />
<br />PERFORMING AGENCY shall submit the financial, program, and progress reports required by RECEIVING
<br />AGENCY in the fonnat agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING
<br />AGENCY and/or HHSC other reports including financial reports determined necessary to accomplish the
<br />objectives of this contract and to monitor compliance. If PERFORMING AGENCY is legally prohibited from
<br />providing such reports, it shall immediately notify RECEIVING AGENCY and/or HHSC.
<br />
<br />ARTICLE 20. InsDections
<br />
<br />RECEIVING AGENCY, Health and Human Services Commission (HHSC), and, when federal ftmds are
<br />involved, any authorized representative(s) of the federal government ha.ve the right, at all reasonable times, to
<br />inspect or otherwise evaluate the work (including reviews of client or patient records and discussions with staff)
<br />perfonned by PERFORMING AGENCY and its subrecipient(s), if any, and the premises on which the work is
<br />being performed. PERFORMING AGENCY and its subrecipient(s) shall participate in inspections and provide
<br />reasonable access, facilities, and assistance to the representatives. All inspections and evaluations will be
<br />conducted in such a manner as will not unduly interfere with the work.
<br />
<br />PERFORMING AGENCY (and any parent, affiliate or subsidiary organization, if such a relationship exists) and
<br />its subrecipient(s), if any, shall give RECEIVING AGENCY, HHSC, the federal government, and the Texas
<br />State Auditor, or any of their duly authorized representatives, access to any pertinent books, documents, papers,
<br />and client or patient records, if any, for the purpose of making audit, examination, excerpts, and transcripts of
<br />transactions related to this contract. RECENING AGENCY and HHSC will have the right to audit billings
<br />both before- and after payment. Payments will not foreclose the right of RECENING AGENCY and HHSC to
<br />recover excessive or illegal payments.
<br />
<br />Any deficiencies identified by RECEIVING AGENCY and/or HHSC upon examination of PERFORMING
<br />AGENCY'S records will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY'S
<br />resolution of findings will be conveyed in writing within thirty (30) days of receipt of the report of the
<br />deficiencies. PERFORMING AGENCY'S resolution of findings will be sent to the agency(ies) referenced in
<br />the cover letter of the report. A RECENING AGENCY and/or HHSC determination of either an inadequate or
<br />inappropriate resolution of the findings may result in sanctions which will remain in effect until RECEIVING
<br />AGENCY and HHSC determines the deficiencies are properly remedied.
<br />
<br />ARTICLE 21. Records Retention
<br />
<br />PERFORMING AGENCY and its subrecipients and subcontractors shall retain medical records in accordance
<br />with 22 Texas Administrative Code (TAC), Part 9, §165.1(b)(c) or other applicable statutes and regulations
<br />governing medical information. PERFORMING AGENCY shall retain and preserve all other records, including
<br />financial records, which are generated or collected by PERFORMING AGENCY or its subrecipients or
<br />subcontractors under the provisions of this contract, for a period of four (4) years after the termination of the
<br />Attachment(s). If an Attachment is funded through Medicaid, the federal retention period, if more than four (4)
<br />years, shall apply. PERFORMING AGENCY and its subrecipients shall retain all records for an Attaclunent
<br />
<br />(F ee-for-Service)
<br />
<br />GENERAL PROVISIONS 612004
<br />
<br />Page 13
<br />
<br />1
<br />
<br />~
<br />
|