2014-141 Health - NC HIE to oversee, administer and operate electronic health information exchange network

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immediate medical attention could reasonably be expected to result in(i)placing an Individual's health in serious jeopardy, (ii) serious impairment to an Individual's bodily functions, or (iii) serious dysfunction on any bodily organ or part of an Individual. 0) HIE Network shall mean the voluntary, statewide health information exchange network overseen and administered by NC HIE pursuant to Article 29A of Chapter 90 of the North Carolina General Statutes that enables the secure exchange of Patient Information between and among Participants in support of the provision and improvement of healthcare services and health. (k) HIE Services shall mean software, utilities, and automated tools made available by NC HIE either directly or through a Qualified Organization for use in connection with the use of the HIE Network. (1) HIPAA Regulations shall mean the Standards for Privacy of Individually Identifiable Health Information and the Security Standards for the Protection of Electronic Protected Health Information(45 C.F.R.Parts 160 and 164)promulgated by the U.S.Department of Health and Human Services under the Health Insurance Portability and Accountability Act ("IIIPAA") of 1996 and the Health Information Technology for Economic and Clinical Health Act(the"HITECH Act!') of the American Recovery and Reinvestment Act of 2009, as in effect on the Effective Date of this Agreement and as may be amended, modified, or renumbered hereafter. (m) Individual shall mean the individual person who is the subject of Patient Information and shall include a Personal Representative in accordance with 45 CFR§ 164.502. (n) Joinder Agreement shall mean the agreement that each Participant who is a signatory to a Subscription Agreement signs pursuant to which such Participant agrees to become a party to,and be bound by, this Agreement as the same may be amended from time to time in accordance with its terms. (o) Master Patient Index shall mean an electronic database that maintains a unique index(or identifier)for every Individual. (p) Message shall mean a vehicle for transmitting Patient Information between Participants through the HIE Network. (q) NC HIE Policies and Procedures shall mean the NC HM's detailed policies and procedures. (r) Qpt Out shall mean an Individual's right, including through a Personal Representative, to disallow the Individual's Patient Information that is maintained by or on behalf of one or more specific Participants from being Disclosed to other Participants through the HIE Network (s) Participant shall mean a person or organization that is a signatory to this Agreement or a Joinder Agreement. Entities that control one another or are under common control by a parent or other entity("Affiliates"),may elect to participate in the HIE Network as a single Participant or multiple Participants. If this Agreement is joined by a single Participant on behalf of multiple related entities with the authority to do so,the individual entities shall be listed on an Exhibit to the Joinder Agreement captioned "Participating Entities" and each entity so 3