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7. The Agency agrees to make available protected health information in accordance <br />with 45 CFR 164.524. <br />8. The Agency agrees to make available protected health information for <br />amendment and incorporate any amendments to protected health information in <br />accordance with 45 CFR 164.526. <br />9. The Agency agrees to make internal practices, books, and records, including <br />policies and procedures and protected health information, relating to the use and <br />disclosure of protected health information received from, or created or received <br />by the Agency on behalf of King County, available to the Secretary, in a <br />reasonable time and manner for purposes of the Secretary determining King <br />County's compliance with HIPAA, HITECH or this Contract. <br />10, The Agency agrees to make available the information required to provide an <br />accounting of disclosures in accordance with 45 CFR §164.528. Should an <br />individual make a request to the County for an accounting of disclosures of his or <br />her protected health information pursuant to 45 CFR 164.528, Agency agrees <br />to promptly provide an accounting, as specified under 42 U.S.C. 17935(c)(1) <br />and 45 CFR §164.528, of disclosures of protected health information that have <br />been made by the Agency acting on behalf of the County. The accounting shall <br />be provided by the Agency to the County or to the individual, as directed by the <br />County. <br />B. Permitted Uses and Disclosures by Business Associate <br />The Agency may use or disclose protected health information to perform functions, <br />activities, or services for, or on behalf of, King County as specified in this Contract, <br />provided that such use or disclosure would not violate HIPAA if done by King County or <br />the minimum necessary policies and procedures of King County. <br />C. Effect of Termination <br />Except as provided in paragraph C.2. of this Section, upon termination of this <br />Contract, for any reason, the Agency shall return or destroy all protected health <br />information received from the County, or created or received by the Agency on <br />behalf of the County. This provision shall apply to protected health information <br />that is in the possession of subcontractors or agents of the Agency. The Agency <br />shall retain no copies of the protected health information. <br />2. In the event the Agency determines that returning or destroying the protected <br />health information is infeasible, the Agency shall provide to King County <br />notification of the conditions that make return or destruction infeasible. Upon <br />notification that return or destruction of protected health information is infeasible, <br />the Agency shall extend the protections of the Contract to such protected health <br />information and limit further uses and disclosure of such protected health <br />information to those purposes that make the return or destruction infeasible, for <br />so long as the Agency maintains such protected health information. <br />D. Reimbursement for Costs Incurred Due to Breach <br />Agency shall reimburse the County, without limitation, for all costs of investigation, <br />dispute resolution, notification of individuals, the media, and the government, and <br />expenses incurred in responding to any audits or other investigation relating to or <br />arising out of a breach of unsecured protected health information by the Agency. <br />City of Tukwila Page 17 of 19 2011 Contract <br />