2019-303-E Emergency Svc - NCHIEA participation agreement

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15 necessary for it to submit HIE Data to NC HIEA and to Transact Message Content. Each Participant shall ensure that all computers and electronic devices owned or leased by the Participant and its Authorized Users to be used are properly configured, including, but not limited to, the base workstation operating system, web browser, and Internet connectivity. 11.04. Participant Onboarding and Technical Specifications. Each Participant shall comply with the Onboarding and Technical Specifications developed by NC HIEA during the Onboarding process to initiate a connection to NC HealthConnex and while submitting HIE Data to NC HIEA. 11.05. Minimum Standards for Transacting Message Content for Treatment. a. All Participants that request, or allow their respective Participating Entities and Authorized Users to request, Message Content for Treatment shall have a corresponding reciprocal duty to respond to Messages that request Message Content for Treatment. A Participant shall fulfill its duty to respond by either (i) responding to the Message with the requested Message Content or, (ii) responding with a standardized response that indicates the Message Content is not available or cannot be exchanged. All responses to Messages shall comply with NC HIEA Policies and Procedures, this Agreement, any agreements between Participant, Participating Entities, and their Authorized Users, and Applicable Law. Participants may, but are not required to, Transact Message Content for a Permitted Purpose other than Treatment. Nothing in this Section 11 shall require a disclosure that is contrary to a restriction placed on the Message Content by a patient pursuant to Applicable Law. b. Each Participant that requests, or allows its respective Participating Entities or Authorized Users to request, Message Content for Treatment shall Transact Message Content with all other Participants for Treatment, in accordance with Sections 7, 11.05(a), and 13 of this Agreement. If a Participant desires to stop Transacting Message Content with another Participant based on the other Participant’s acts or omissions in connection with this Agreement, the Participant may temporarily stop Transacting Message Content with such Participant either through modification of its User Access Policies or through some other mechanism, to the extent necessary to address the Participant’s concerns. If any such cessation occurs, the Participant shall provide a Notification to NC HIEA of such cessation and the reasons supporting the cessation. The Participants shall submit the Dispute leading to the cessation to the Dispute Resolution Process in Section 20. If the cessation is a result of a HIPAA Breach or Security Breach that was reported to, and deemed resolved by, NC HIEA pursuant to Section 14, the Participants involved in the HIPAA Breach or Security Breach and the cessation shall engage in the Dispute Resolution Process in Section 20 in an effort to attempt to reestablish trust and resolve any security concerns arising from the HIPAA Breach or Security Breach. 11.06. Use of Message Content and NC HealthConnex Resources. a. Permitted Purpose. Participants shall only Transact Message Content and use the NC HealthConnex Resources for a Permitted Purpose as defined in this Agreement. Each Participant shall require that its Participating Entities and Authorized Users comply with this Section 11. b. Permitted Future Uses. Subject to this Section 11 and Section 19.05, Recipients may retain, use and re-disclose Message Content or HIE Data accessed from NC HealthConnex Resources in accordance with Applicable Law and the Recipient’s record retention policies and procedures. If the Recipient is a Participant that is a Business Associate of its Authorized Users, such Participant may retain, use and re-disclose Message Content in accordance with Applicable Law and the agreements between the Participant and its Authorized Users. c. Management Uses. NC HIEA may request information from Participants, and Participants shall provide requested information, for the purposes listed in Section 6.01 of this Agreement. Any information, other than Message Content, provided by a Participant to NC HIEA shall be labeled as Confidential Participant Information and shall be treated as such in accordance with Section 16. DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC