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

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accessed, used or Disclosed Patient Information through the HIE Network other than as permitted under this Agreement or Applicable Law. (h) If a Participant identifies "Participating Entities" on its Joinder Agreement,the Participant warrants,represents and agrees that the Participant: i. Has written authority to bind each of the identified Participating Entities to the duties and obligations set forth in this Agreement; and ii. To the extent the Participant does not have appropriate written authority to bind a Participating Entity, the Participant hereby guarantees the Participating Entity's performance of Participating Entity's obligations under this Agreement. (i) Make its internal practices, books and records relating to uses and Disclosures of Patient Information pursuant to applicable Subscription Agreements and this Agreement available to the Secretary of the U.S. Department of Health and Human Services or his/her designee,as necessary to comply with the HIPAA Regulations or other Applicable Law. 0) To the extent that a Participant uses technology partners in connection with the Participant's acquisition, access, use or Disclosure of Patient Information through the HIE Network, such Participant shall have valid and enforceable agreements with each technology partner that require the technology partner to, at a minimum* (i) comply with Applicable Law; (ii) protect the privacy and security of Patient Information to which it has access; (iii) as soon as reasonably practicable after determining a Breach has occurred, report such Breach to the Participant in accordance with Section 9 of this Agreement; and (iv) reasonably cooperate with other Participants and NC HIE on issues related to this Agreement, under the direction of the Participant. 6. OBLIGATIONS OF NC HIE. NC HIE shall maintain the functionality of the HIE Network and provide or arrange for the provision of such service, security, and other updates to NC HIE's System as NC HIE determines are appropriate from time to time. (a) Use of Patient Information_ To the extent that NC HIE workforce members have access to information, including Patient Information or Confidential Information of Participant,such information will be used only for one or more of the following purposes: i. To facilitate the Disclosure of Patient Information to Participants for Permitted Purposes. ii. To process or otherwise implement Opt Out requests. iii. To perform patient identity or patient records maintenance. iv. To conduct or assist in the performance of audits permitted or required by the NC HE Policies and Procedures,including the performance of audits of Emergency Access. V. To evaluate the performance of or develop recommendations for improving the operation of the HIE Network vi. To conduct technical system support and maintenance on the HIE Network; vii. To carry out NC HIE's functions and obligations under this Agreement, applicable Subscription Agreements or other written 8