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5.3.2 Each party agrees to require that all subcontracts related to this Agreement will be <br />written and will specify that the subcontractor must also comply with terms of this <br />Agreement and any applicable federal and state laws, regulations and requirements. <br />5.3.3 As a condition to entering into this Agreement, and in compliance with 42 CFR <br />455.101-106, Facility shall provide to CHPW a completed, accurate Disclosure of or Change <br />in Ownership and Control Interest form. Facility shall promptly provide updates to the <br />Disclosure of or Change in Ownership and Control Interest form when information on the <br />current form changes. Failure to provide a complete accurate form or updates to it shall be <br />deemed a material breach of this Agreement. <br />5.4 Confidentiality and Privacy. <br />5.4.1 All information, provided by a party in the process of negotiation and performance of <br />this Agreement identified by either party as confidential or proprietary, including <br />reimbursement rates, fee schedules, Member and CHPW group information, is confidential <br />and shall not be disclosed to any third person or entity in any format without the express <br />prior written consent of the other party. This provision shall not preclude access to such <br />records in order to allow billing and quality assurance review with respect to Covered <br />Services delivered. Upon termination of this Agreement, any documents identified by either <br />party, as proprietary shall be returned or otherwise disposed of as mutually agreed to by the <br />parties. <br />5.4.2 Each party is a covered entity and in performing this Agreement, each party may have <br />access to and receive from the other party Protected Health Information ("PHF') as those <br />terms are defined under HIPAA, and Chapter 70.02 RCW, the Uniform Health Care <br />Information Act. <br />5.4.2.1 Each party shall maintain the confidentiality of PHI and shall not use or <br />disclose Member PHI except as necessary to carry out the terms and conditions of this <br />Agreement or as permitted or required by federal or state law or regulations. <br />5.4.2.2 Each party shall implement a documented health information system and a <br />privacy security program that includes administrative, technical and physical <br />safeguards designed to prevent the accidental or unauthorized use or disclosure of <br />Member PHI and medical records. The information system and the privacy and <br />security program shall, at a minimum, comply with applicable HIPAA regulations <br />regarding the privacy and security of PHI, including but not limited to 42 CFR <br />438.242; 45 CFR 164.306(a); and 45 CFR 162.200 as well as the HIPAA privacy <br />provisions in Title 13 of the American Recovery and Reinvestment Act of 2009 <br />("ARRA") including the Health Information Technology for Economic and Clinical <br />Health ("HITECH") Act. <br />5.4.2.3 This Section 5.4 shall be interpreted as broadly as necessary to implement and <br />comply with applicable current and future HIPAA requirements. Any ambiguity in <br />this Section 5.4 shall be resolved in favor of a meaning that complies and is consistent <br />with HIPAA requirements. <br />2020 Facility Agmt—Template Page 16 of 51 Contract #{Contract 9}-1PRC Agreement ID} <br />