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AGENCY and its subrecipients shall retain all records for a contract that is the subject of litigation or an audit until <br /> the lit/gationjs ended or all questions pertaining to the audit are resolved. <br /> <br /> Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established herein. <br /> ARTICLE 27. Patient or Client Records <br /> <br /> Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, PERFORMING AGENCY <br /> shall share all patient or client information with RECEIVING AGENCY when the contract involves patient or client <br /> care by the PERFORMING AGENCY. <br /> <br /> RECEIVING AGENCY may require PERFORMING AGENCY, or any subrecipient, to transfer a client or patient <br /> record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either the <br /> confidentiality of the record or the health and welfare of the client or patient. <br /> <br /> In the event of termination or exp ration of Attachment(s), RECEIVING AGENCY may reqmre the transfer of <br /> client or patient records as authorized by law upon written notice to PERFORMING AGENCY, either to another <br /> entity that agrees to continue the service or to RECEIVING AGENCY. <br /> <br /> At the end of the Attachment term, PERFORMING AGENCY shall give RECEIVING AGENCY access to the. <br /> records or provide copies for audit, examination, evaluation, inspection, litigation, or other circumstances that may <br /> arise, to the extent authorized by l~w. <br /> <br /> PERFORMING AGENCY, or any subrecipient, shall not otherwise transfer through any means, including <br /> electronically, an identifiable client record, including a patient record, to another entity or person without written <br /> consent from the client or patient, or someone authorized to act on his or her behalf. Written consent shall be given <br /> on a form provided by RECEIVING AGENCY or as otherwise authorized by law, including the Texas OcCupations <br /> Code, Chapter 159, as amended. <br /> <br /> ARTICLE 28. C0nfidentiali .ty <br /> <br /> PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents <br /> deemed confidential by law which are maintained in connection with the activities funded under this contract. <br /> PERFORMING AGENCY shall not disclose or transfer confidential client or patient information, including <br /> information required by the Reports Article, except in accordance with applicable law. <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 <br /> HIV and its related conditions, including AIDS, in accordance with the Health and Safety Code §85.112-114. <br /> <br /> ARTICLE 29. _S. anctions <br /> <br />RECEIVING AGENCY may impose sanctions for any breach of contract, and will monitor PERFORMING <br />AGENCY for both programmatic and financial compliance. RECEIVING AGENCY may, at its own discretion, <br />impose one or more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. <br />A state or federal statute, rule, regulation, or federal guideline will prevail over the provisions of this Article unless <br /> <br />(LGS) GENERAL PROVISIONS' Page 18 11/2001 <br /> <br /> <br />