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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER BPROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES
RULE §108.237Record Retention Period

(a) The contractor must retain records for seven years after the child has been dismissed from services unless a longer period is required by state or federal law.

(b) A contractor must allow HHSC and all appropriate federal and state agencies or their representatives to inspect, monitor, or evaluate client records, books, and supporting documents pertaining to services provided. The contractor and the subcontractors must make these documents available at reasonable times and for reasonable periods. Upon request, the contractor must submit copies of their records, at no cost, to HHSC ECI, the Texas Attorney General's Office, and representatives of the United States Department of Health and Human Services.

(c) The contractor must keep financial and supporting documents, statistical records, and any other records pertinent to the services for which a claim was submitted to HHSC ECI or its agent. The records and documents must be kept for a minimum of seven years after the end of the contract period or for seven years after the end of the federal fiscal year in which services were provided if a contractor agreement/contract has no specific termination date in effect. If any litigation, claim, negotiations, open records request, administrative review, or audit involving these records begins before the seven year period expires, the contractor must keep the records and documents for not less than seven years or until all litigation, claims, negotiations, open records request, administrative review, or audit finds are resolved. The case is considered resolved when a final order is issued in litigation, or HHSC ECI and contractor enter into a written agreement. In this section, contract period means the beginning date through the ending date specified in the original agreement/contract; extensions are considered separate contract periods.


Source Note: The provisions of this §108.237 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective June 30, 2019, 44 TexReg 3280

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