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Obligations of Business Associate Upon Expiration or Termination. Upon expiration <br />or termination of this Contract for any reason, with respect to PHI received from <br />DSHS, or created, maintained, or received by Business Associate, or any <br />Subcontractors, on behalf of DSHS, Business Associate shall: <br />(1) Retain only that PHI which is necessary for Business Associate to continue its <br />proper management and administration or to carry out its legal responsibilities; <br />(2) Return to DSHS or destroy the remaining PHI that the Business Associate or any <br />Subcontractors still maintain in any form; <br />(3) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR <br />Part 164 (Security Standards for the Protection of Electronic Protected Health <br />Information) with respect to Electronic Protected Health Information to prevent <br />Use or disclosure of the PHI, other than as provided for in this Section, for as <br />long as Business Associate or any Subcontractors retain the PHI; <br />(4) Not Use or disclose the PHI retained by Business Associate or any <br />Subcontractors other than for the purposes for which such PHI was retained and <br />subject to the same conditions set out in the "Use and Disclosure of PHI" section <br />of this Contract which applied prior to termination; and <br />(5) Return to DSHS or destroy the PHI retained by Business Associate, or any <br />Subcontractors, when it is no longer needed by Business Associate for its proper <br />management and administration or to carry out its legal responsibilities. <br />k. Survival. The obligations of the Business Associate under this section shall survive <br />the termination or expiration of this Contract. <br />5. Individual Rights. <br />a. Accounting of Disclosures. <br />(1) Business Associate shall document all disclosures, except those disclosures that <br />are exempt under 45 CFR 164.528, of PHI and information related to such <br />disclosures. <br />(2) Within ten (10) business days of a request from DSHS, Business Associate shall <br />make available to DSHS the information in Business Associate's possession that <br />is necessary for DSHS to respond in a timely manner to a request for an <br />accounting of disclosures of PHI by the Business Associate. See 45 CFR <br />164.504(e)(2)(ii)(G) and 164.528(b)(1). <br />(3) At the request of DSHS or in response to a request made directly to the Business <br />Associate by an Individual, Business Associate shall respond, in a timely manner <br />and in accordance with HIPAA and the HIPAA Rules, to requests by Individuals <br />for an accounting of disclosures of PHI. <br />(4) Business Associate record keeping procedures shall be sufficient to respond to a <br />Professional Services Agreement <br />Page 24 <br />