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EXHIBIT 2—EMPLOYER ' S CERTIFICATION PART 1 – Employer to Amend Plan Documents for Privacy provisions Employer certifies that Employer has amended GHP ' s Plan Document to incorporate the provisions required by 45 C . F . R . § 164 . 504(f)(2 ), as set forth below, and agrees to comply with GHP ' s Plan Document as amended. 1 . Neither use nor further disclose Protected Health Information, except as permitted or required by GHP ' s Plan Document or as required by law. 2 . Neither use nor disclose Protected Health Information for any employment-related action or decision, or in connection with any other benefit or employee benefit plan of Employer. 3 . Ensure adequate separation between Employer and GHP by (a) describing those employees or classes of employees or other persons under Employer ' s control who will be given access to Protected Health Information to perform plan administration functions for GHP , (b) restricting the access to and use of Protected Health Information by such employees or other persons to the plan administration functions that Employer will perform for GHP , and ( c) instituting an effective mechanism for resolving any noncompliance with GHP ' s Plan Document by such employees or other persons . 4 . Ensure that any subcontractor or agent to which Employer provides Protected Health Information agrees to the restrictions and conditions of GHP ' s Plan Document with respect to Protected Health Information. 5 . Report to GHP any use or disclosure of Protected Health Information of which Employer becomes aware that is inconsistent with the uses and disclosures allowed by GHP ' s Plan Document , 6 , Make Protected Health Information available to GHP or, at GHP ' s direction, to the Covered Person who is the subject of Protected Health Information (or the Covered Person ' s Personal Representative) so that GHP can meet its access obligations under 45 C . F . R. § 164 . 524 . 7 , Make Protected Health Information available to GHP for amendment and, on notice from GHP , amend Protected Health Information, so that GHP can meet its amendment obligations under 45 C . F . R. § 164 . 526 . 8 , Record Disclosure Information as defined above for each disclosure that Employer makes of Protected Health Information that is not excepted from disclosure accounting and provide that Disclosure Information to GHP on request so that GHP can meet its disclosure accounting obligations under 45 C . F . R. § 164 . 528 . 9 . Make its internal practices, books, and records relating to its use and disclosure of Protected Health Information available to GHP and to DHHS to determine GHP ' s compliance with 45 C . F . R . Part 164, Subpart E "Privacy of Individually Identifiable Health Information. " 10 . Return to GHP or destroy if feasible all Protected Health Information in whatever form or medium that Employer ( and any subcontractor or agent of Employer) received from GHP or Administrator, 16 HIPAA\BA Amend to ASO Agmt - fini August 12 , 2004