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16 <br /> <br />11.07. Specific Duties of a Participant When Submitting a Message. Whenever a Participant acts as a <br />Submitter by submitting a Message to another Participant, the Submitter shall be responsible for: <br />a. Submitting each Message in compliance with Applicable Law, this Agreement, the applicable <br />NC HIEA Policies and Procedures including, but not limited to, representing that the Message <br />is: <br />1. for a Permitted Purpose; <br />2. submitted by a Submitter who has the requisite authority to make such a submission; <br />3. supported by appropriate legal authority for Transacting the Message Content including, but <br />not limited to, any consent or Authorization, if required by Applicable Law; and <br />4. submitted to the intended Recipient. <br />b. Representing that assertions or statements related to the submitted Message are true and accurate, <br />if such assertions or statements are required by the NC HIEA Policies and Procedures. <br />c. Submitting a copy of the Authorization, if the Submitter is requesting Message Content from <br />another Participant, based on the Permitted Purposes described in Section 2.39. Nothing in this <br />Section shall be interpreted as requiring a Submitter who is requesting Message Content to obtain <br />or transmit an Authorization for a request based on a Permitted Purposes other than the one <br />described in Section 2.39 even though certain other Participants require such Authorization to <br />comply with Applicable Law. <br />11.08. Participant Duty to Terminate Participation. If, as a result of a change made by NC HIEA in <br />accordance with this Section 11, a Participant will not be able to comply with the NC HIEA Policies <br />and Procedures or the Onboarding or Technical Specifications, or does not otherwise desire to <br />continue to Transact Message Content with other Participants or to use NC HealthConnex Resources <br />after such change becomes effective, then such Participant shall terminate this Agreement <br />accordance with Section 19.02. <br />11.09. Compliance with the eHealth Exchange DURSA. When Transacting Message Content over the <br />nationwide eHealth Exchange through NC HealthConnex, Participant shall (i) comply with all <br />Applicable Law; (ii) reasonably cooperate with NC HIEA on issues related to this Agreement and <br />with the eHealth Exchange DURSA; (iii) Transact Message Content only for a permitted purposes <br />as outlined in Attachment 9; (iv) use Message Content received from another Participant in <br />accordance with the terms and conditions of this Agreement; (v) as soon as reasonably practicable <br />after determining that a HIPAA Breach occurred, report such Breach to NC HIEA and any affected <br />Participants; (vi) refrain from disclosing to any other person any passwords or other security <br />measures issued to the Authorized User by NC HIEA or the Participant Account Administrator; and <br />(vii) comply with the provisions outlined in Attachment 9. <br />11.10. Participating Entities. Participating Entities that will be participating in NC HealthConnex under <br />the authority of Participant shall be listed in Attachment 4 of this Agreement and each party so listed <br />shall be individually entitled to the rights and subject to the obligations set forth in the Participation <br />Agreement. Participating Entities may act under the authority of one Participant of NC <br />HealthConnex or as multiple Participants with a separate Participation Agreement for each <br />Participating Entity. <br />11.11. Patient Education of the Right to Opt Out. Participant shall establish a process for notifying <br />Individuals about: <br />a. the benefits of NC HealthConnex, <br />b. the Individual’s right to Opt Out and the potential consequences to Individuals of Opting Out, <br />c. the Individual's right to rescind a previous decision to Opt Out. <br />DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC