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4 • <br /> 1. Provide an opportunity for Agency to cure the breach or end the violation <br /> and terminate the Contract if Agency does not cure the breach or end the <br /> violation within the time specified by the County; or <br /> 2. Immediately terminate the Contract if Agency has breached a material term <br /> of the Contract and cure is not possible. <br /> B. If neither termination nor cure is feasible, the County shall report the violation <br /> to the Secretary of the United States Department of Health and Human <br /> Services. <br /> VII. DISPOSITION OF PROTECTED HEALTH INFORMATION UPON <br /> TERMINATION OR EXPIRATION <br /> A. Except as provided in Section VII.B below, upon termination for any reason or <br /> expiration of the Contract, the Agency shall within ten (10) business days of <br /> such termination or expiration return or destroy all PHI received from the <br /> County, or created or received by the Agency on behalf of the County. This <br /> provision shall apply to PHI that is in the possession of subagencies or agents <br /> of Agency. The Agency shall retain no copies of the PHI. <br /> B. In the event that the Agency determines that returning or destroying the PHI is <br /> infeasible, the Agency shall provide to the County notification of the conditions <br /> that make return or destruction infeasible. If return or destruction is infeasible, <br /> the Agency shall extend the protections of this Agreement to such PHI and limit <br /> further Uses and Disclosures of such PHI to those purposes that make the <br /> return or destruction infeasible, for so long as the Agency maintains such PHI. <br /> This provision shall survive termination of any Contract. <br /> VIII. HITECH COMPLIANCE <br /> A. The Agency acknowledges and agrees to follow the provisions of the Health <br /> Information Technology for Economic and Clinical Health Act ("HITECH Act"). <br /> The HITECH Act outlines the Agency's obligations when addressing privacy, <br /> security and breach of notification. <br /> B. In the event of a breach of unsecured PHI or disclosure that compromises the <br /> privacy or integrity of PHI, the Agency shall take all measures required by state <br /> or federal law. The Agency shall provide the County with a copy of its <br /> investigative results and other information requested. The Agency shall report <br /> all PHI breaches to the County. <br /> C. The Agency shall notify the County within one (1) business day by telephone <br /> and in writing of any acquisition, access, use or disclosure of PHI not allowed <br /> by the provisions of this Agreement of which it becomes aware, and of any <br /> instance where the PHI is subpoenaed, copied or removed by anyone except <br /> Business Associate Agreement <br /> BAA-2018-101-198 <br /> City of Everett <br /> Page 6 of 13 <br /> 62 <br />