State of california

Patients’ Rights.

The parties to this contract shall comply with applicable laws and regulations relating to patients’ rights, including but not limited to Welfare and Institutions Code 5325, Title 9, CCR, Sections 860 through 868, and Title 42, CFR, Section 438.100. The Contractor shall ensure that its subcontractors comply with these provisions.

1. 
   Each beneficiary is guaranteed the right to be treated with respect and with due consideration for his or her dignity and privacy.
   

2. 
   Each beneficiary is guaranteed the right to receive information on available treatment options and alternatives, presented in a manner appropriate to the beneficiary's condition and ability to understand.
   

3. 
   Each beneficiary is guaranteed the right to participate in decisions regarding his or her health care, including the right to refuse treatment.
   

4. 
   Each beneficiary is guaranteed the right to be free from any form of restraint or seclusion used as a means of coercion, discipline, convenience, or retaliation.
   

5. 
   Each beneficiary is guaranteed the right to request and receive a copy of his or her medical records, and to request that they be amended or corrected, as specified in 45 CFR, Section 164.524 and 164.526.
   

1. 
   Pursuant to Title 42, CFR, Section 438.100(c), the parties acknowledge and agree that each beneficiary is free to exercise his or her rights, and the exercise of those rights will not adversely affect the way the Contractor and its providers or the Department treat the beneficiary.
   

1. Relationship of the Parties.

The Department and the Contractor are, and shall at all times be deemed to be, independent agencies. Each party to this contract shall be wholly responsible for the manner in which it performs the obligations and services required of it by the terms of this contract. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the parties or any of their agents or employees. Each party assumes exclusively the responsibility for the acts of its employees or agents as they relate to the services to be provided during the course and scope of their employment. The Department and its agents and employees shall not be entitled to any rights or privileges of the Contractor’s employees and shall not be considered in any manner to be Contractor employees. The Contractor and its agents and employees, shall not be entitled to any rights or privileges of state employees and shall not be considered in any manner to be state employees.

9. Waiver of Default.

Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this contract.

10. Additional Provisions.

1. 
   The Contractor shall comply with the provisions of the Copeland Anti-Kickback Act (18 U.S.C. Section 874 and 40 U.S.C. Section 276c), which requires that all contracts and subcontracts in excess of $2000 for construction or repair awarded by the Contractor and its subcontractors shall include a provision for compliance with the Copeland Anti-Kickback Act (18 U.S.C. Section 874), as supplemented by Department of Labor regulations (Title 29, CFR, Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States'').
   

2. 
   The Contractor shall comply with the provisions of the Davis-Bacon Act, as amended (40 U.S.C. Section 276a to a-7), which provides that, when required by Federal Medicaid program legislation, all construction contracts awarded by the Contractor and its subcontractors of more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Section 276a to a-7) as supplemented by Department of Labor regulations (Title 29, CFR, Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction'').
   

3. 
   The Contractor shall comply with the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. Section 327-333), as applicable, which requires that all subcontracts awarded by the Contractor in excess of $2,000 for construction and in excess of $2,500 for other subcontracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), as supplemented by Department of Labor regulations (Title 29, CFR, Part 5).
   

4. 
   The Contractor shall comply with the provisions of the Clean Air Act (42 U.S.C. Section 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), as amended, which provide that contracts and subcontracts of amounts in excess of $100,000 shall contain a provision that requires the Contractor or subcontractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Violations shall be reported to the federal Department of Health and Human Services and the appropriate Regional Office of the Environmental Protection Agency.
   

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