2019-303-E Emergency Svc - NCHIEA participation agreement

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14 c. NC HIEA shall notify all Participants of amended, repealed or replaced NC HIEA Policies and Procedures at least thirty (30) calendar days prior to the effective date of such amended, repealed or replaced NC HIEA Policies and Procedures, or such longer period as the NC HIEA shall determine after consultation with the NC HIEA Advisory Board. 10. Obligations of NC HIEA. 10.01. NC HIEA shall maintain the functionality of NC HealthConnex and associated NC HealthConnex Resources provided by NC HIEA, and provide or arrange for the provision of such service, security, and other updates to NC HealthConnex as NC HIEA determines to be appropriate from time to time. 10.02. HIE Data, Message Content, data associated with Transactions, PHI or ePHI, or other Confidential Information of Participant shall be accessed, used, or disclosed by NC HIEA and NC HIEA Workforce members, or the Workforce members of any subcontractors or technology partners of NC HIEA, to the extent necessary to conduct HIE Operations and for Permitted Purposes. Pursuant to N.C.G.S. 90-414.6, NC HIEA shall not allow HIE Data it receives pursuant to N.C.G.S. 90-414.4 or any other provision of Article 29B of the North Carolina General Statutes to be used or disclosed by or to any person or entity for commercial purposes. 10.03. Opt Out. a. NC HIEA will provide information and education to Participants about the right of Individuals on a continuing basis to Opt Out or to rescind a decision to Opt Out. b. After an Individual has notified NC HIEA of his or her decision to Opt Out of NC HealthConnex, NC HIEA will ensure that the Individual's HIE Data will not be disclosed to any other entities unless as required or permitted by law, or as permitted by N.C.G.S §90-414.10. 10.04. Obligations under 42 C.F.R. Part 2 as a Qualified Service Organization: NC HIEA may act as a Qualified Service Organization on behalf of Participant in the event Participant or a unit within Participant’s organization is a substance abuse treatment program that must comply with 42 C.F.R. Part 2. To the extent the PHI received by NC HIEA is protected by the 42 C.F.R. Part 2 (hereafter “Part 2 Data”), NC HIEA acknowledges that in receiving, storing, processing or otherwise dealing with Part 2 Data, NC HIEA is fully bound by the Part 2 Regulations. If necessary, NC HIEA will resist in judicial proceedings any efforts to obtain access to Part 2 Data except as permitted by 42 C.F.R. Part 2. Participant shall not send Part 2 Data to NC HealthConnex unless and until NC HIEA notifies Participant in writing that NC HIEA can accept Part 2 Data. 10.05. Disclosure To Covered Entities, Business Associates, and Approved Third Parties. NC HIEA shall display on its public website the Covered Entities, Business Associates, and Approved Third Parties that have been granted access to NC HealthConnex or to HIE Data pursuant to N.C.G.S. 90- 414.7(b)(6) through (9) and other Applicable Law. 11. Obligations of Participants. 11.01. Submission of HIE Data to NC HIEA. Pursuant to N.C.S.L 2015-241 and N.C.G.S. §90-414.4, Participant shall submit all data elements set forth in the Targeted Data Standards to the extent possible for, at a minimum, all health care services rendered by Participant to Medicaid, State Health Plan, and other State-funded health care program beneficiaries. 11.02. Prohibition of the Exchange of Certain Data. Participant shall not submit data to NC HIEA or Transact Message Content through NC HealthConnex in contravention of Applicable Law without an Authorization if one is required by Applicable Law before such disclosure is made. 11.03. Equipment and Software. Each Participant shall be responsible for procuring, and assuring that its Participating Entities and Authorized Users have or have access to, all equipment and software DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC