Agenda 8-e - University of North Carolina Health Care System Electronic Medical Record System Access Agreement

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2 3. Provision of EMR System. 3.1 Implementation. As soon as practicable following the Effective Date, UNCHCS shall provide the services necessary to implement CLIENT's access to the EMR System, in accordance with this agreement and any attachments hereto. 3.2 Training. UNCHCS shall provide to CLIENT training at UNCHCS's facilities for Authorized Users regarding use of the EMR System at mutually agreed upon times and dates in accordance with a written training plan (the “Training Services”). 3.3 Grant of Access to EMR System. Subject to the terms and conditions of this Agreement, UNCHCS hereby grants to CLIENT a non-exclusive, non- transferable, non-sublicensable license to remotely access and use the EMR System, solely for storing, processing and displaying medical records and other information, images and content related to the provision of healthcare to patients of CLIENT, in accordance with the Epic user documentation, and in compliance with all applicable laws and regulations, including, without limitation, requirements set forth in rules and regulations promulgated under the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, as amended (collectively, “HIPAA”), and further subject to the Recovery and Reinvestment Act of 2009, including its provisions commonly known as the HITECH Act and rules and regulations promulgated thereunder, as may be amended from time to time (“HITECH”) as well as any other federal, state or local laws, rules and regulations protecting the confidentiality, privacy and security of Patient Records, protected health information (PHI) and other confidential, proprietary, sensitive or personal information (regardless of form or format, and whether or not obtained hereunder) (collectively, “Applicable Law”), the terms and conditions set forth in this Agreement, and UNCHCS’ duties and obligations to its Patients. For purposes of this Agreement, “treatment” and “payment” shall have the same definitions as those in HIPAA and HITECH (see 45 CFR 164.501). Access to and use of the EMR System under the foregoing license is strictly limited to the medical providers (each a “Medical Provider”) set forth in Exhibit A and their office administrators, secretaries and nurses, and other support staff determined by CLIENT to require access (collectively “Authorized Users”). The number of Authorized Users accessing the EMR System concurrently may not exceed the maximum number listed on Exhibit A. CLIENT shall only request access to the EMR System for a Medical Provider who (1) is duly licensed to practice medicine or their particular allied health profession, or has received such other license or certification as required by applicable law to provide any other applicable category of health services in the State of North Carolina; and (2) has been credentialed by CLIENT in accordance with CLIENT’s policies and applicable law. 3.4 Maintenance. UNCHCS shall provide the following maintenance and support services (the “Maintenance and Support Services”): 4