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d. Use for Proper Management and Administration. Business Associate may Use PHI for <br />the proper management and administration of the Business Associate or to carry out <br />the legal responsibilities of the Business Associate. <br />e. Disclosure for Proper Management and Administration. Business Associate may <br />disclose PHI for the proper management and administration of Business Associate or to <br />carry out the legal responsibilities of the Business Associate, provided the disclosures <br />are required by law, or Business Associate obtains reasonable assurances from the <br />person to whom the information is disclosed that the information will remain confidential <br />and used or further disclosed only as required by law or for the purposes for which it <br />was disclosed to the person, and the person notifies the Business Associate of any <br />instances of which it is aware in which the confidentiality of the information has been <br />Breached . <br />f. Impermissible Use or Disclosure of PHI. Business Associate shall report to DSHS in <br />writing all Uses or disclosures of PHI not provided for by this Contract within one (1) <br />business day of becoming aware of the unauthorized Use or disclosure of PHI, <br />including Breaches of unsecured PHI as required at 45 CFR 164.410 (Notification by a <br />Business Associate), as well as any Security Incident of which it becomes aware . Upon <br />request by DSHS, Business Associate shall mitigate, to the extent practicable, any <br />harmful effect resulting from the impermissible Use or disclosure. <br />g. Failure to Cure. If DSHS learns of a pattern or practice of the Business Associate that <br />constitutes a violation of the Business Associate's obligations under the terms of this <br />Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate <br />this Contract, if feasible. In addition, If Business Associate learns of a pattern or <br />practice of its Subcontractors that constitutes a violation of the Business Associate's <br />obligations under the terms of their contract and reasonable steps by the Business <br />Associate do not end the violation, Business Associate shall terminate the Subcontract, <br />if feasible . <br />h. Termination for Cause. Business Associate authorizes immediate termination of this <br />Contract by DSHS, if DSHS determines that Business Associate has violated a material <br />term of this Business Associate Agreement. DSHS may, at its sole option, offer <br />Business Associate an opportunity to cure a violation of this Business Associate <br />Agreement before exercising a termination for cause. <br />i. Consent to Audit. Business Associate shall give reasonable access to PHI, its internal <br />practices , records , books, documents, electronic data and/or all other business <br />information received from, or created or received by Business Associate on behalf of <br />DSHS, to the Secretary of DHHS and/or to DSHS for use in determining compliance <br />with HIPAA privacy requirements. <br />j. Obligations of Business Associate Upon Expiration or Termination . Upon expiration or <br />termination of this Contract for any reason, with respect to PHI received from DSHS, or <br />created, maintained, or received by Business Associate, or any Subcontractors, on <br />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 />Washington State <br />Health Care Authority Page 55 of 90 HCA Contract No. K3924