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Please return this Copy to the _
<br />Clerk to the Board's office for PAF
<br />Informatics Center Svstem Access Agreement
<br />This Informatics Center System Access Agreement ("Agreement") is made effective this 17 day of December , 2010 (the
<br />"Effective Date"), by and between AccessCare, a network organized under the laws of the State of NC and having its principal place
<br />of business at 3000 Aerial Center Parkway. STE 101, Morrisville. NC 27560 ("Network"); and Oran~e~oun Health
<br />Department ChapelHill, a provider organized under the laws of the State of NC and having its principal place of business at 25~
<br />Homestead Road. Chanel Hill, NC 27516 ("Provider") (each, a "Party" and together, "Parties").
<br />WHEREAS, Pursuant to its authority under N.C.S.L. 1991-900, N.C.S.L. 1997-443, and Section 1915(b) of the Social
<br />Security Act, the North Carolina Department of Health and Human Services, Division of Medical Assistance ("Medicaid") has
<br />implemented managed care and primary care case management programs for North Carolina Medicaid beneficiaries, and has been
<br />directed by the North Carolina General Assembly, pursuant to N.C.S.L. 2002-126, to monitor and assess the cost-effectiveness of such
<br />programs; and
<br />WHEREAS, Medicaid has contracted with North Carolina Community Care Networks, Ina ("NCCCN") to establish and
<br />maintain an electronic patient data exchange system known as the "Informatics Center" (as further described below), which will be
<br />used, among other purposes, to permit electronic access to health information about Beneficiaries (as defined below) in connection
<br />with the Medicaid health care quality initiative programs described herein; and
<br />WHEREAS, Network participates in one or more of such programs, and as part of its participation, performs certain
<br />administrative functions on behalf of Medicaid, and exchanges electronic information through the Informatics Center in compliance
<br />with applicable State and federal law, including without limitation, the federal Health Insurance Portability and Accountability Act of
<br />1996 and its implementing regulations an privacy and security found at 45 C.F.R. Parts 160 and 164, ("HIPAA") and the HITECH
<br />Act, as applicable to Network and as the same may be amended from time to time; and
<br />WHEREAS, Provider wishes to access the Informatics Center for purposes of providing patient care, or conducting quality
<br />assessment and improvement activities, including case management or care coordination, in connection with one or more health care
<br />quality initiative programs sponsored by the Community Care of North Carolina program or the North Carolina Department of Health
<br />and Human Services; and
<br />WHEREAS, Provider has an authorized relationship with the Medicaid Program to promote the health care of its
<br />Beneficiaries and to facilitate providing such services when Medicaid desires that there be an exchange of electronic information
<br />through the Informatics Center in compliance with the terms and conditions of this Agreement and with applicable State and federal
<br />law, including without limitation, HIPAA and the HITECH Act, as applicable to Provider and as the same may be amended from time
<br />to time.
<br />NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreements set forth below,
<br />and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, and wishing to be
<br />legally bound hereby, the Parties hereto agree as follows:
<br />I. Definitions.
<br />a. "Authorized User" means Provider's employees, agents, assigns, representatives, independent contractors, or other
<br />persons or entities authorized by Provider to access, use or disclose information from the Informatics Center subject to the terms of
<br />this Agreement.
<br />b. "Beneficiary" means any individual for whom Medicaid has been otlicially or statutorily mandated to conduct health
<br />care quality initiative programs.
<br />a "Confidentiality Agreement" means an agreement between Provider and one or more Authorized Users that includes
<br />appropriate restrictions on information access and disclosure, including means for protecting personal privacy and Proprietary
<br />Information (as defined below).
<br />d. "Data" includes electronic information relating to health care services provided to $eneficiaries under Medicaid's
<br />health care quality initiative programs, including without limitation PHI and PII. For avoidance of doubt, Data shall not include
<br />information about a Beneficiary's eligibility to receive Medicaid coverage,
<br />e. "HIPAA" has the meaning set forth in Section 2 below.
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