2019-303-E Emergency Svc - NCHIEA participation agreement

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9 2.41.Primary Provider User Guide shall mean the user guide published by NC HIEA that provides education and guidance to Participants, Participating Entities, and Authorized Users on the operation of NC HealthConnex and the NC HealthConnex Clinical Portal. 2.42.Privacy and Security Policies shall mean the HIPAA compliant policies and procedures developed and adopted by each Party that govern the privacy and security of access to NC HealthConnex and the NC HealthConnex Resources. 2.43.Receiving Party shall mean a Party or Participant that receives Confidential Participant Information in any capacity from a Recipient. 2.44.Recipient shall mean the Participant(s) or Authorized User(s) that receives Message Content through a Message from a Submitter for a Permitted Purpose. For purposes of illustration only, Recipients include, but are not limited to, Participants, Participating Entities, or Authorized Users who receive queries, responses, subscriptions, publications or unsolicited Messages. 2.45.Security Breach shall have the meaning set forth at N.C.G.S. §75-61; i.e. An incident of unauthorized access to and acquisition of unencrypted and unredacted records or data containing personal information where illegal use of the personal information has occurred or is reasonably likely to occur or that creates a material risk of harm to a consumer. Any incident of unauthorized access to and acquisition of encrypted records or data containing personal information along with the confidential process or key shall constitute a Security Breach. Good faith acquisition of personal information by an employee or agent of the business for a legitimate purpose is not a Security Breach, provided that the personal information is not used for a purpose other than a lawful purpose of the business and is not subject to further unauthorized disclosure. For the purposes of this Agreement, only Security Breaches that involve personal information accessed, used, or disclosed through the NC HealthConnex System will require compliance with the relevant provisions in this Agreement, in addition to Applicable Law. 2.46.State shall mean the State of North Carolina. 2.47.State Health Plan for Teachers and State Employees or State Health Plan shall mean the health insurance plan provided for employees of the State of North Carolina. 2.48.Submitter shall mean the Participant(s) or Authorized User(s) who submits Message Content through a Message to a Recipient for a Permitted Purpose. For purposes of illustration only, Submitters include, but are not limited to, Participants or Authorized Users who push Messages with Message Content, send Messages seeking Message Content, send Messages in response to a request, send subscription Messages, or publish Messages with Message Content in response to subscription Messages. 2.49.System shall mean software, portal, platform, or other electronic medium controlled by a Participant through which the Participant conducts its health information exchange related activities. For purposes of this definition, it shall not matter whether the Participant controls the software, portal, platform, or medium through ownership, lease, license, or otherwise. 2.50.Targeted Data Standards shall mean standards adopted by the NC HIEA that list the required clinical and demographic data elements, fields, and data feeds that must be submitted to NC HIEA through NC HealthConnex in order to comply with N.C.G.S. 90-414.4(b) as set forth on Attachment 3. To the extent possible, Participants must submit the Meaningful Use Data Elements within the Clinical Summary MU2 Summary Type delivered via CCD within the CCDA, an ADT feed, and an ITI-41 feed as provided in Attachment 3. DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC