Required contract provisions

Required contract provisions. All contracts under this Act shall do all of the following: (1) Establish the responsibility for the costs of all services to be provided under the contract. (2) Establish the responsibility for the transportation of clients to and from receiving facilities. (3) Provide for reports by the receiving agency to the sending agency on the condition of each client covered by the contract. (4) Provide for arbitration of disputes arising out of the provisions of the contract which cannot be settled through discussion between the contracting parties and specify how arbitrators will be chosen. (5) Include provisions ensuring the nondiscriminatory treatment, as required by law, of employees, clients, and applicants for employment and services. (6) Establish the responsibility for providing legal representation for clients in legal proceedings involving the legality of confinement and the conditions of confinement. (7) Establish the responsibility for providing legal representation for employees of the contracting parties in legal proceedings initiated by persons receiving treatment in accordance with the contract. (8) Include provisions concerning the length of the contract and the means by which the contract can be terminated. (9) Establish the right of qualified employees and representatives of the sending agency and sending state to inspect, at all reasonable times, the records of the receiving agency and its treatment facilities to determine if appropriate standards of care are met for clients receiving services under the contract. (10) Require the sending agency to provide the receiving agency with copies of all relevant legal documents authorizing confinement of persons who are confined in accordance with the law of the sending state and receiving services in accordance with a contract under this Act. (11) Establish the responsibility for securing a reexamination for an individual and for extending an individual's period of confinement. (12) Include provisions specifying when a receiving facility can refuse to admit or retain an individual. (13) Specify the circumstances under which individuals will be permitted home visits and granted passes to leave the facility. (Source: P.A. 102-371, eff. 1-1-22.)