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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />modification or destruction of EPHI or (ii) interference with system operations <br />in an Information System that results in a Breach of unsecured EPHI. <br />2.7. Duty to Mitigate. BCBSF will mitigate to the extent reasonably practicable any <br />harmful effect of which BCBSF is aware that is caused by any use or disclosure of <br />Protected Health Information in violation of this BAA. <br />2.8. Return or Destruction of PHI. Upon termination of the Agreement, BCBSF will, if <br />BCBSF determines it is feasible, return to the Plan or destroy, all PHI in BCBSF's <br />custody or control (or in the custody or control of any subcontractor or agent to <br />which BCBSF disclosed Protected Health Information). BCBSF will limit its (and, <br />by its written contract pursuant to Section 2.5. above, any subcontractor's or <br />agent's) further use or disclosure of PHI to those purposes that make return or <br />destruction infeasible and to those uses or disclosures Required by Law. BCBSF's <br />obligations to preserve the privacy and safeguard the security of PHI as specified <br />in this BAA will survive termination or other conclusion of the Agreement and this <br />BAA. <br />2.9.Access to PHI. BCBSF will, consistent with 45 C.F.R. § 164.524(b)(2), make <br />available to the Member for inspection and copying any of the PHI about the <br />Member that qualifies as part of a Designated Record Set that BCBSF has in its <br />custody or control, and that is not exempted from access by 45 C.F.R. § <br />164.524(a), so that the Plan can meet its access obligations under 45 C.F.R. § <br />164.524. <br />2.10. Amendment. BCBSF will, consistent with 45 C.F.R. § 164.526(b)(2), permit a <br />Member to make a written request to amend any portion of PHI about the Member <br />that qualifies as part of a Designated Record Set. <br />2.11. Disclosure Accounting. Disclosure Tracking. BCBSF will comply with the PHI <br />Disclose Tracking requirements under 45 C.F.R. § 164.528. <br />2.12. Restriction Requests. BCBSF will permit a Member to request restriction on the <br />use of their PHI, in accordance with 45 C.F.R. § 164.522. <br />2.13. Confidential Communications. BCBSF will provide a process for a Member to <br />request that BCBSF confidential communications consistent with 45 C.F.R. § <br />164.522(b). <br />2.14.Complaint Process. BCBSF will, consistent with 45 C.F.R. § 164.530(d) and on <br />behalf of the Plan, provide a process for Members to make complaints concerning <br />BCBSF's policies and procedures. <br />2.15. Safeguarding PHI. <br />2.15.1. Privacy. BCBSF will maintain reasonable and appropriate administrative, <br />physical, and technical safeguards, consistent with 45 C.F.R. § 164.530(c) <br />and any other implementing regulations issued by DHHS that are applicable <br />20 <br />