26 Tex. Admin. Code § 350.237 - Record 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.
Notes
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