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

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Amendments of 1988 ("CLIA"), NC HIE agrees to be and by signing this Agreement or the Joinder Agreement, Participant hereby designates NC HIE to be the Participant's "Designated Agent" for purposes of compliance with CLIA. This designation is limited and transient such that NC HIE shall be considered a"Designated Agent"of Participant only during the window of time beginning with the point at which a CLIA"Report of Record"is received by NC HIE and ending with the point at which the"Report of Record"is delivered to Participant(the Designated Agent Window"), and for the sole purpose of transmitting the "Report of Record" to the Participant. As used in this Section 6(e), the "Report of Record" shall mean the information contained in a document, electronic or otherwise, that is certified by the originating laboratory, or other authorized source,as containing the requisite information needed to satisfy CLIA's requirement for delivery of a test result to the ordering Participant. (f) Subcontractors. To the extent that a NC HIE uses technology partners in connection with the Participant's acquisition, access, use or Disclosure of Patient Information through the HIE Network, NC HIE 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 NC HIE in accordance with Section 9 of this Agreement, and(iv) reasonably cooperate with NC HIE on issues related to this Agreement,under the direction of the NC HIE. 7. NC HIE POLICIES AND PROCEDURES. NC HIE shall from time-to-time develop Policies and Procedures and post them on the NC HIE Website and provide notice to Participants in accordance with Section 15. NC HIE,with the approval of its Board of Directors, may amend any provision of the NC HIE Policies and Procedures in accordance with its provisions. 8. APPLICABILITY OF HIPAA REGULATIONS. Each Participant agrees as follows: If the Participant is a Covered Entity, the Participant does, and at all times shall, comply with the H1PAA Regulations to the extent applicable. If the Participant is a Business Associate of a Covered Entity, the Participant does, and at all times shall, comply with the provisions of its Business Associate Agreement(s) and Applicable Law. If the Participant is a governmental entity, the Participant does, and at all times shall, comply with the applicable privacy and security laws and regulations to which it is subject. If the Participant is neither a Covered Entity, a Business Associate of a Covered Entity, nor a governmental entity, the Participant shall, as a contractual standard, at all times, at a minimum, comply with the provisions of the HIPAA Regulations as if it were acting in the capacity of a Covered Entity. 9. BREACH NOTIFICATION. (a) Responsibilities of Participants. Participants are required to notify NC HIE if they become aware of any actual or suspected Breach through the HIE Network. Except as otherwise provided in the NC HIE Policies and Procedures, notification shall be made as expediently as possible and without unreasonable delay. (b) Responsibilities of NC HIE. If NC HIE becomes aware of any actual or suspected Breach, either through notification by a Participant or otherwise,NC HIE must, at a minimum, notify any Participants whose Patient Information is affected by the Breach. Except as otherwise provided in the NC HIE Policies and Procedures,such notification shall be made as expediently as possible and without unreasonable delay. 10