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10 <br />2.51.Testing or Test shall mean the tests and demonstrations of a Participant’s System and processes used <br />for interoperable health information exchange, to assess conformity with the Onboarding plan. <br />2.52.Transact shall mean to send, submit, request, receive, assert, respond to, submit, route, subscribe to, <br />or publish Message Content using NC HealthConnex. Transacting Message Content does not refer <br />to the submission of HIE Data to NC HealthConnex as required by Applicable Law. <br />2.53.Treatment shall have the meaning set forth at 45 C.F.R. §164.501 of the HIPAA Regulations; i.e. <br />the provision, coordination, or management of health care and related services by one or more health <br />care providers, including the coordination or management of health care by a health care provider <br />with a third party; consultation between health care providers relating to a patient; or the referral of a <br />patient for health care from one health care provider to another. <br />2.54.User Access Policies shall mean the policies and procedures adopted by each Party that addresses the <br />access, use and disclosure of HIE Data, Message Content, and the use and access of NC HealthConnex <br />Resources of NC HealthConnex. <br />2.55.Workforce shall have the meaning set forth at 45 C.F.R. §160.103 of the HIPAA Regulations. <br />3.Incorporation of Recitals. The Recitals set forth above are hereby incorporated into this Agreement in their <br />entirety and shall be given full force and effect as if set forth in the body of this Agreement. This Agreement <br />and together with all Exhibits shall be interpreted as an integrated agreement. Any ambiguity or material <br />conflict between any of their provisions shall be resolved with an order of precedence among such documents <br />as follows: <br />3.01. Business Associate Agreement, Attachment 5 <br />3.02. This Agreement <br />3.03. NC HIEA Policies and Procedures, Attachment 6 <br />3.04. Onboarding & Technical Specifications, Attachment 3 <br />3.05. eHealth Exchange Terms and Conditions, Attachment 9 <br />3.06. Fee Schedule, Attachment 8 <br />3.07. HIE Features, Attachment 7 <br />3.08. Addresses for Notice, Attachment 1 <br />3.09. Participating Entities, Attachment 4 <br />3.10. <br />Participant Staff Contact Information, Attachment 23.11. <br />Technical Support, Attachment 10 <br />4.Purpose of this Agreement. The purpose of this Agreement is to provide a legal framework that will enable <br />Participants to connect to NC HealthConnex to submit HIE Data to NC HIEA as required or permitted by <br />N.C.G.S. 90-414.4(b) and other Applicable Law, to Transact Message Content with other Participants, and to <br />access and use the NC HealthConnex Resources. Such purposes are not intended to create or facilitate <br />disclosure or sharing of Participant Confidential Information. <br />5.HIE Features; Fees. <br />5.01.HIE Features. Subject to the terms and conditions of this Agreement, Participant, Participating <br />Entities, and Authorized Users (together and unless otherwise noted, “Participant”) is authorized to <br />use NC HealthConnex and the HIE Features identified in Attachment 7 as they are available. <br />Participants shall be granted access to the HIE Features after execution of the Participation Agreement <br />3.1. <br />'LDEHWHV5HJLVWU\)RUP Attachment 1 <br />DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC