Common use of Medical Records of Covered Persons Clause in Contracts

Medical Records of Covered Persons. (a) Provider shall prepare and maintain complete and accurate medical records, in either paper or electronic form, for all Covered Persons receiving services. For purposes herein, references to any Covered Person’s medical, clinical and/or program records shall mean such records in either paper or electronic form. The medical records shall contain such information as may be required by CMHSP, LRE, MDHHS and any other State or Federal agency with jurisdiction over the delivery of services contemplated under this Agreement. The CMHSP shall supply Provider with copies of its clinical protocols and Provider must use the protocols in planning and providing treatment to Covered Persons. Unless a longer period applies under Michigan law, Provider shall retain all Covered Person medical records for at least seven (7) years after services are rendered, regardless of any change in ownership or termination of service for any reason, and, in the case of minor Covered Persons, until seven (7) years after such minor attains the age of majority. The provisions of this section shall survive the expiration or termination of this Agreement, regardless of cause. (b) Provider shall make medical records available to CMHSP or to Administrator on behalf of LRE for the purpose of assessing quality of care, coordination of care, meeting CMHSP’s contractual obligations, conducting medical care evaluations and audits, determining the medical necessity and appropriateness of services provided to a Covered Person, and investigating grievances or complaints made by a Covered Persons or Covered Person’s legal representative as permitted by law. Provider shall also make Covered Person’s medical records available to LRE, MDHHS, Beacon Health Options and other State and Federal regulatory bodies having jurisdiction over the delivery of (c) Provider shall retain all medical records in accordance with the retention schedules in place by the Department of Technology, Management and Budget’s (DTMB) General Schedule #20 at xxxx://Xxxxxxxx.xxx/dmb/0,4568,0-000-0000_21738_31548-56101-- ,00.html and MCL 333.16213, unless these records are transferred to a successor organization or the LRE is directed otherwise in writing by MDHHS. Medical records of a Covered Person with SUD may not be disclosed to CMHSP or Administrator on behalf of LRE (pursuant to a Qualified Service Organization Agreement) without the Covered Person’s or Legal Representative’s consent, except as may be allowed by State and Federal law, including the Mental Health Code and 42 CFR Part 2. The provisions of this section shall survive the expiration or termination of this Agreement regardless of cause, including non-payment by CMHSP, insolvency or breach of this Agreement by either Party. (d) Upon receipt of written request from CMHSP, Provider shall transfer to the requesting CMHSP Provider’s copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice. In the event of an agency or program closure, Provider shall transfer to CMHSP copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice. (e) SUD records – Said clinical records shall be maintained by Provider consistent with Michigan and Federal law, including 1974 PA 258, 1978 PA 368, 42 CFR Part 2, and 42 USC 290dd-2. Provider will permit access to records by authorized representatives of CMHSP, LRE, MDHHS, the Federal Grantor Agency, Comptroller General of the United States, or any of their duly authorized representatives as allowed by State and Federal law, including 42 CFR Part 2.

Medical Records of Covered Persons. (a) Provider shall prepare and maintain complete and accurate medical records, in either paper or electronic form, for all Covered Persons receiving services. For purposes herein, references to any Covered Person’s medical, clinical and/or program records shall mean such records in either paper or electronic form. The medical records shall contain such information as may be required by CMHSP, LRE, MDHHS and any other State or Federal agency with jurisdiction over the delivery of services contemplated under this Agreement. The CMHSP shall supply Provider with copies of its clinical protocols and Provider must use the protocols in planning and providing treatment to Covered Persons. Unless a longer period applies under Michigan law, Provider shall retain all Covered Person medical records for at least seven (7) years after services are rendered, regardless of any change in ownership or termination of service for any reason, and, in the case of minor Covered Persons, until seven (7) years after such minor attains the age of majority. The provisions of this section shall survive the expiration or termination of this Agreement, regardless of cause.such (b) Provider shall make medical records available to CMHSP or to Administrator on behalf of LRE for the purpose of assessing quality of care, coordination of care, meeting CMHSP’s contractual obligations, conducting medical care evaluations and audits, determining the medical necessity and appropriateness of services provided to a Covered Person, and investigating grievances or complaints made by a Covered Persons or Covered Person’s legal representative as permitted by law. Provider shall also make Covered Person’s medical records available to LRE, MDHHS, Beacon Health Options and other State and Federal regulatory bodies having jurisdiction over the delivery ofof services provided to a Covered Person under this Agreement for purposes of assessing the quality of care or investigating individual grievances or complaints, as permitted by law. The right to under this section exists for ten (10) years from the final date of this agreement period or from the date of completion of any audit, whichever is later. If any financial errors are revealed, the amount in error must be reflected as a credit or debit on subsequent invoices until the amount is paid or refunded. Any remaining balance at the end of the Agreement must be paid or refunded within forty-five (45) calendar days. (c) Provider shall retain all medical records in accordance with the retention schedules in place by the Department of Technology, Management and Budget’s (DTMB) General Schedule #20 at xxxx://Xxxxxxxx.xxx/dmb/0,4568,0-000-0000_21738_31548-56101-- ,00.html and MCL 333.16213, unless these records are transferred to a successor organization or the LRE is directed otherwise in writing by MDHHS. Medical records of a Covered Person with SUD may not be disclosed to CMHSP or Administrator on behalf of LRE (pursuant to a Qualified Service Organization Agreement) without the Covered Person’s or Legal Representative’s consent, except as may be allowed by State and Federal law, including the Mental Health Code and 42 CFR Part 2. The provisions of this section shall survive the expiration or termination of this Agreement regardless of cause, including non-payment by CMHSP, insolvency or breach of this Agreement by either Party. (d) Upon receipt of written request from CMHSP, Provider shall transfer to the requesting CMHSP Provider’s copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice. In the event of an agency or program closure, Provider shall transfer to CMHSP copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice. (e) SUD records – Said clinical records shall be maintained by Provider consistent with Michigan and Federal law, including 1974 PA 258, 1978 PA 368, 42 CFR Part 2, and 42 USC 290dd-2. Provider will permit access to records by authorized representatives of CMHSP, LRE, MDHHS, the Federal Grantor Agency, Comptroller General of the United States, or any of their duly authorized representatives as allowed by State and Federal law, including 42 CFR Part 2.United

Medical Records of Covered Persons. (a) A. Provider shall prepare and maintain complete and accurate medical records, in either paper or electronic form, for all Covered Persons receiving services. For purposes herein, references to any Covered Person’s medical, clinical and/or program records shall mean such records in either paper or electronic form. The medical records shall contain such information as may be required by CMHSP, LRE, MDHHS and any other State or Federal agency with jurisdiction over the delivery of services contemplated under this Agreement. The CMHSP shall supply Provider with copies of its clinical protocols and Provider must use the protocols in planning and providing treatment to Covered Persons. Unless a longer period applies under Michigan law, Provider shall retain all Covered Person medical records according to the retention schedules in place by the Department of Technology, Management, and Budget #20 (which can be located at: DTMB - General Schedules for at least seven Local Government (7xxxxxxxx.xxx) years after services are rendered), regardless of any change in ownership or termination of service for any reason, and, in the case of minor Covered Persons, until seven (7) years after such minor attains the age of majority. The provisions of this section shall survive the expiration or termination of this Agreement, regardless of cause. (b) B. Provider shall make medical records available to CMHSP or to Administrator on behalf of LRE for the purpose of assessing quality of care, coordination of care, meeting CMHSP’s contractual obligations, conducting medical care evaluations and audits, determining the medical necessity and appropriateness of services provided to a Covered Person, and investigating grievances or complaints made by a Covered Persons or Covered Person’s legal representative as permitted by law. Provider shall also make Covered Person’s medical records available to LRE, MDHHS, Beacon Health Options and other State and Federal regulatory bodies having jurisdiction over the delivery ofof services provided to a Covered Person under this Agreement for purposes of assessing the quality of care or investigating individual grievances or complaints, as permitted by law. The right to make medical records available under this Section exists for ten (10) years from the final date of this agreement period or from the date of completion of any audit, whichever is later. If any financial errors are revealed, the amount in error must be reflected as a credit or debit on subsequent invoices until the amount is paid or refunded. Any remaining balance at the end of the Agreement must be paid or refunded within forty-five (45) calendar days. (c) C. Provider shall retain all medical records in accordance with the retention schedules in place by the Department of Technology, Management and Budget’s (DTMB) General Schedule #20 at xxxx://Xxxxxxxx.xxx/dmb/0,4568,0-000-0000_21738_31548-56101-- ,00.html and MCL 333.16213, unless these records are transferred to a successor organization or the LRE is directed otherwise in writing by MDHHS. Medical records of a Covered Person with SUD may not be disclosed to CMHSP or Administrator on behalf of LRE (pursuant to a Qualified Service Organization Agreement) without the Covered Person’s or Legal Representative’s consent, except as may be allowed by State and Federal law, including the Mental Health Code and 42 CFR Part 2. The provisions of this section Section shall survive the expiration or termination of this Agreement regardless of cause, including non-payment by CMHSP, insolvency or breach of this Agreement by either Party. (d) D. Upon receipt of written request from CMHSP, Provider shall transfer to the requesting CMHSP Provider’s copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice. In the event of an agency or program closure, Provider shall transfer to CMHSP copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice., (e) E. SUD records – Said clinical records shall be maintained by Provider consistent with Michigan and Federal law, including 1974 PA 258, 1978 PA 368, 42 CFR Part 2, and 42 USC 290dd-2. Provider will permit access to records by authorized representatives of CMHSP, LRE, MDHHS, the Federal Grantor Agency, Comptroller General of the United States, or any of their duly authorized representatives as allowed by State and Federal law, including 42 CFR Part 2.

Medical Records of Covered Persons. (a) Provider shall prepare and maintain complete and accurate medical records, in either paper or electronic form, for all Covered Persons receiving services. For purposes herein, references to any Covered Person’s medical, clinical and/or program records shall mean such records in either paper or electronic form. The medical records shall contain such information as may be required by CMHSP, LRE, MDHHS and any other State or Federal agency with jurisdiction over the delivery of services contemplated under this Agreement. The CMHSP shall supply Provider with copies of its clinical protocols and Provider must use the protocols in planning and providing treatment to Covered Persons. Unless a longer period applies under Michigan law, Provider shall retain all Covered Person medical records for at least seven (7) years after services are rendered, regardless of any change in ownership or termination of service for any reason, and, in the case of minor Covered Persons, until seven (7) years after such minor attains the age of majority. The provisions of this section shall survive the expiration or termination of this Agreement, regardless of cause. (b) Provider shall make medical records available to CMHSP or to Administrator on behalf of LRE for the purpose of assessing quality of care, coordination of care, meeting CMHSP’s contractual obligations, conducting medical care evaluations and audits, determining the medical necessity and appropriateness of services provided to a Covered Person, and investigating grievances or complaints made by a Covered Persons or Covered Person’s legal representative as permitted by law. Provider shall also make Covered Person’s medical records available to LRE, MDHHS, Beacon Health Options and other State and Federal regulatory bodies having jurisdiction over the delivery ofProvider (c) Provider shall retain all medical records in accordance with the retention schedules in place by the Department of Technology, Management and Budget’s (DTMB) General Schedule #20 at xxxx://Xxxxxxxx.xxx/dmb/0,4568,0-000-0000_21738_31548-56101-- ,00.html and MCL 333.16213, unless these records are transferred to a successor organization or the LRE is directed otherwise in writing by MDHHS. Medical records of a Covered Person with SUD may not be disclosed to CMHSP or Administrator on behalf of LRE (pursuant to a Qualified Service Organization Agreement) without the Covered Person’s or Legal Representative’s consent, except as may be allowed by State and Federal law, including the Mental Health Code and 42 CFR Part 2. The provisions of this section shall survive the expiration or termination of this Agreement regardless of cause, including non-payment by CMHSP, insolvency or breach of this Agreement by either Party. (d) Upon receipt of written request from CMHSP, Provider shall transfer to the requesting CMHSP Provider’s copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice. In the event of an agency or program closure, Provider shall transfer to CMHSP copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice. (e) SUD records – Said clinical records shall be maintained by Provider consistent with Michigan and Federal law, including 1974 PA 258, 1978 PA 368, 42 CFR Part 2, and 42 USC 290dd-2. Provider will permit access to records by authorized representatives of CMHSP, LRE, MDHHS, the Federal Grantor Agency, Comptroller General of the United States, or any of their duly authorized representatives as allowed by State and Federal law, including 42 CFR Part 2.and

Medical Records of Covered Persons. (a) Provider shall prepare and maintain complete and accurate medical records, in either paper or electronic form, for all Covered Persons receiving services. For purposes herein, references to any Covered Person’s medical, clinical and/or program records shall mean such records in either paper or electronic form. The medical records shall contain such information as may be required by CMHSP, LRE, MDHHS and any other State or Federal agency with jurisdiction over the delivery of services contemplated under this Agreement. The CMHSP shall supply Provider with copies of its clinical protocols and Provider must use the protocols in planning and providing treatment to Covered Persons. Unless a longer period applies under Michigan law, Provider shall retain all Covered Person medical records for at least seven (7) years after services are rendered, regardless of any change in ownership or termination of service for any reason, and, in the case of minor Covered Persons, until seven (7) years after such minor attains the age of majority. The provisions of this section shall survive the expiration or termination of this Agreement, regardless of cause. (b) Provider shall make medical records available to CMHSP or to Administrator on behalf of LRE for the purpose of assessing quality of care, coordination of care, meeting CMHSP’s contractual obligations, conducting medical care evaluations and audits, determining the medical necessity and appropriateness of services provided to a Covered Person, and investigating grievances or complaints made by a Covered Persons or Covered Person’s legal representative as permitted by law. Provider shall also make Covered Person’s medical records available to LRE, MDHHS, Beacon Health Options and other State and Federal regulatory bodies having jurisdiction over the delivery ofof services provided to a Covered Person under this Agreement for purposes of assessing (c) Provider shall retain all medical records in accordance with the retention schedules in place by the Department of Technology, Management and Budget’s (DTMB) General Schedule #20 at xxxx://Xxxxxxxx.xxx/dmb/0,4568,0-000-0000_21738_31548-56101-- ,00.html and MCL 333.16213, unless these records are transferred to a successor organization or the LRE is directed otherwise in writing by MDHHS. Medical records of a Covered Person with SUD may not be disclosed to CMHSP or Administrator on behalf of LRE (pursuant to a Qualified Service Organization Agreement) without the Covered Person’s or Legal Representative’s consent, except as may be allowed by State and Federal law, including the Mental Health Code and 42 CFR Part 2. The provisions of this section shall survive the expiration or termination of this Agreement regardless of cause, including non-payment by CMHSP, insolvency or breach of this Agreement by either Party. (d) Upon receipt of written request from CMHSP, Provider shall transfer to the requesting CMHSP Provider’s copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice. In the event of an agency or program closure, Provider shall transfer to CMHSP copies of all Covered Person’s medical records, and other data in the possession or control of Provider pertaining to the named Covered Person within ten (10) business days of such notice. (e) SUD records – Said clinical records shall be maintained by Provider consistent with Michigan and Federal law, including 1974 PA 258, 1978 PA 368, 42 CFR Part 2, and 42 USC 290dd-2. Provider will permit access to records by authorized representatives of CMHSP, LRE, MDHHS, the Federal Grantor Agency, Comptroller General of the United States, or any of their duly authorized representatives as allowed by State and Federal law, including 42 CFR Part 2.ten