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(a) Vera. Upon expiration or termination of this Agreement, Vera shall return to <br /> Employer all copies of records which do not include PHI (as defined below)that Vera has <br /> obtained or maintained on behalf of Employer for purposes of carrying out Vera's <br /> obligations under this Agreement. Vera may retain copies of all such non-PHI documents. <br /> (b) Vera PC. Upon expiration or termination of this Agreement, Vera P.C. shall <br /> return or transfer Participant's treatment records which contain PHI("Treatment Records") <br /> as directed by the Participant. Vera P.C. shall have the right to retain copies of all <br /> Participant Treatment Records for archival and regulatory compliance purposes. <br /> (c) Access. Employer and Vera shall be entitled to have timely access from each <br /> other to any archival records necessary or required by an audit or investigation or review <br /> of Vera or Vera P.C.or Employer by a government agency,but only for the limited purpose <br /> of complying with such an audit or investigation and at all times consistent with <br /> Section 6.3. <br /> 6.2 Records Owned by Vera. Vera shall be entitled to retain for its own business <br /> purposes all internal records relating to its provision of Services under this Agreement. <br /> 6.3 HIPAA Compliance. Notwithstanding any of the foregoing, all parties to this <br /> Agreement agree to comply with the provisions of the Health Insurance Portability and <br /> Accountability Act of 1996, Public Law 104-191, as amended, and all applicable regulations <br /> promulgated thereunder, as well as applicable state laws and regulations, and have entered into a <br /> Business Associate Agreement executed and attached hereto as Schedule 4, for the protection of <br /> protected health information as that term is defined therein and in the HIPAA Privacy Rules <br /> ("PHI"). <br /> 6.4 Access to Books and Records. The following clause is included because of the <br /> possible application of Section 1861(v)(1)(I) of the Social Security Act to this Agreement; but if <br /> that section should be found inapplicable to this Agreement, then this clause shall be deemed not <br /> to be part of this Agreement and shall be null and void: <br /> Until the expiration of four years after the furnishing of services under this Agreement, <br /> Vendor shall make available upon written request of the Secretary of Health and Human <br /> Services or the Comptroller General of the United States,or any of the their duly authorized <br /> representatives, this Agreement and such books, documents and records of Vera as are <br /> necessary to certify the nature and extent of the costs hereunder. If Vendor carries out any <br /> of its duties under this Agreement through a subcontract, for the value or cost of$10,000 <br /> or more over a twelve month period,with a related organization,such contract shall contain <br /> a clause placing the same duty on the subcontractor as this agreement places on Vera. This <br /> clause shall survive the termination of this Agreement according to its terms. <br /> 9 <br />