| (a) All consumer services contracts must include provisions
stating:
(1) the clearly defined performance expectations which
directly relate to the community service's objectives, including goals,
outputs, and measurable outcomes, and that the contractor must provide
services in accordance with such expectations;
(2) that no consumer will be excluded from participation
in, denied the benefits of, or unlawfully discriminated against, in
any program or activity funded by the contract on the grounds of race,
color, national origin, religion, sex, age, disability, or political
affiliation in accordance with applicable law;
(3) that all consumer-identifying information will
be maintained by the contractor as confidential, in accordance with
applicable law;
(4) that the contractor, its licensed staff, and other
appropriate staff (as identified in the contract) will be credentialed
before services are delivered to consumers by such contractor and
staff;
(5) that any allegation of abuse, neglect, or exploitation
of consumers under the contract will be reported in accordance with
applicable law, DSHS rules, and Texas Department of Family and Protective
Services rules;
(6) that AIDS/HIV workplace guidelines, similar to
those adopted by DSHS and AIDS/HIV confidentiality guidelines and
consistent with state and federal law, will be adopted and implemented
by the contractor;
(7) that the contractor will comply with relevant DSHS
rules, certifications, accreditations, and licenses, as specified
in the contract;
(8) that any allegation involving the clinical practice
of a physician, dentist, registered nurse, or licensed vocational
nurse, be referred to the contractor's medical, dental, or nursing
director (as appropriate to the discipline involved) for review for
possible peer review and reporting to disciplinary boards; and
(9) the accounting, reporting, and auditing requirements
with which the contractor must comply.
(b) All contracts for residential services must include
the standards and conditions that are described in subsection (a)
of this section and provisions stating:
(1) that services will be provided in accordance with
consumers' treatment plans; and
(2) that the contractor must comply with Title 25,
Chapter 414, Subchapter K (relating to Criminal History Clearances)
regarding conducting criminal history clearances of its applicants,
employees, and volunteers, and that if an applicant, employee, or
volunteer of the contractor has a criminal history relevant to his
or her employment as described in Title 25, Chapter 414, Subchapter
K, then the contractor will take appropriate action with respect to
the applicant, employee, or volunteer, including terminating or removing
the employee or volunteer from direct contact with consumers served
by the contractor.
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