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4 <br /> 2. The Agency shall have the form available for County review upon <br /> request. <br /> 3. This Nondisclosure Form requirement shall be included in all <br /> subcontracts <br /> D. Mitigation. The Agency shall mitigate, to the extent practicable, any harmful <br /> effect that is known to Agency of a use or disclosure of PHI by Agency in <br /> violation of the requirements of this Agreement. <br /> E. Reporting Unauthorized Use or Disclosure. The Agency shall report to the <br /> County within five (5) business days any use or disclosure of PHI not provided <br /> for by this Agreement of which it becomes aware. <br /> F. Use of Agents and Subagencies. The Agency shall require that each of its <br /> agents and subagencies to whom it provides PHI received from, or created or <br /> received by Agency on behalf of the County agree in writing to the same <br /> restrictions and conditions that apply through this Agreement to Agency with <br /> respect to such information. <br /> G. Individual Access. The Agency shall provide access, at the request of the <br /> County, to an Individual in order to meet the requirements under 45 CFR § <br /> 164.524. <br /> H. Amendments to Protected Health Information. The Agency agrees to make <br /> any amendments to PHI that the County directs or agrees to pursuant to 45 <br /> CFR § 164.526 within ten (10) business days of the County's request. <br /> I. Agency Compliance Records. The Agency shall make its internal practices, <br /> books and records, including policies and procedures relating to the use and <br /> disclosure of PHI received from, or created or received by Agency on behalf of <br /> the County available to the County in the time and manner designated by the <br /> County, for purposes of the County determining the Agency's compliance with <br /> the HIPAA privacy regulations. <br /> J. Documentation and Accounting of Disclosures. The Agency shall document <br /> disclosures of PHI and information related to such disclosures as would be <br /> required for the County to respond to a request by an Individual for an <br /> accounting of disclosures of PHI in accordance with 45 CFR § 164.528. The <br /> Agency further agrees to provide the County with such accounting within ten <br /> (10) business days of its request to respond to a request by an Individual for <br /> an accounting of disclosures in accordance with 45 CFR § 164.528. <br /> IV. PERMITTED USE AND DISCLOSURE BY AGENCY <br /> A. General Use and Disclosure. Except as otherwise limited by this Agreement <br /> or any Contract, the Agency may use or disclose PHI to perform its obligations <br /> Business Associate Agreement <br /> BAA-2018-101-198 <br /> City of Everett <br /> Page 4 of 13 <br /> 60 <br />