Orange County NC Website
EMR System or Records include , but are not limited to , the following : ( 1 ) removing data in an <br /> unauthorized manner for the purposes of reselling the information ; (2 ) placement on the site of <br /> any untrue , malicious , fraudulent, harassing , offensive or defamatory material , or any material <br /> that is irrelevant to a legitimate use of the site ; ( 3 ) introduction of viruses , worms or other <br /> programming routines that are intended to disrupt or interfere with the intended operation of the <br /> site ; (4 ) insertion of links to other sites of whatever character ; ( 5 ) promotion of any unlawful <br /> activity or purpose , including any activity that could give rise to criminal or civil liability ; (6 ) <br /> unauthorized alteration of any data or information supplied by another user of the site ; or (7) any <br /> activity that infringes on the copyright , patent , trademark or other rights of any person or entity . <br /> Individuals who engage in a prohibited use of the site will be liable to UNCHCS for damages <br /> incurred by UNCHCS as a result . <br /> 8 . Each Party shall comply with Applicable Laws , and is solely responsible for <br /> developing and providing its HIPAA notice of privacy practices to its patients and complying <br /> with its terms . If warranted , in the sole judgment of each Party, to provide adequate notice to <br /> patients regarding the Party ' s data practices , such Party may include notice of this shared access <br /> arrangement in its notice of privacy practices . The Parties agree to cooperate on the <br /> development of such language . <br /> 9 . Each Party acknowledges and agrees that as a data owner authorizing access to its <br /> Records , such Party is subject to certain data security and security breach notification <br /> requirements under applicable law. In addition to its responsibilities under this Addendum <br /> described above , each Party agrees to implement any data security measures that are required by <br /> Applicable Laws with respect to patient information . In the event of an incident or occurrence <br /> resulting in the compromise , unauthorized access , manipulation or disclosure of patient <br /> information, the affected Party will promptly notify the other Party of such incident, and shall <br /> cooperate with an Authorizing Party ' s efforts to implement any required security remediation <br /> and to notify affected individuals , as the Parties mutually agree , in order to help the Authorizing <br /> Party comply with its notification or remediation obligations under Applicable Law or agency <br /> guidance . Each Party ' s cooperation in notification and remediation activities under this Section 9 <br /> shall be at such Party ' s sole expense ; provided however that the actual costs of delivering such <br /> notification, and any related services that an Authorizing Party chooses to provide to patients in <br /> conjunction with such notification, will be at such Party ' s sole expense <br /> 10 . Each Party WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE <br /> RECORDS OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER <br /> USE OR DISCLOSURE OF INFORMATION ON THE RECORDS CAUSED BY THE <br /> PARTY , ITS AUTHORIZED USERS , OR ITS MEDICAL PROVIDERS , OR ANY PERSON <br /> USING A USER ID OR A UNIQUE IDENTIFIER OF THE PARTY ' S AUTHORIZED USERS <br /> OR MEDICAL PROVIDERS . <br /> Exhibit B - 5 <br />