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2019-303-E Emergency Svc - NCHIEA participation agreement
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2019-303-E Emergency Svc - NCHIEA participation agreement
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Last modified
6/3/2019 11:08:36 AM
Creation date
6/3/2019 9:59:52 AM
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Contract
Date
5/29/2019
Contract Starting Date
5/29/2019
Contract Ending Date
5/28/2020
Contract Document Type
Agreement
Amount
$0.00
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R 2019-303 Emergency Svc - NCHIEA participation agreement
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2019
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23 <br />specified in the Notice. Once NC HIEA revokes the Participant’s Digital Credentials, NC HIEA <br />shall provide a notice of the revocation to the remaining Participants. <br />19.03.Suspension by NC HIEA. Upon NC HIEA completing a preliminary investigation and determining <br />that there is a substantial likelihood that a Participant’s acts or omissions create an immediate threat <br />or will cause irreparable harm to another party including, but not limited to, a Participant; a <br />Participating Entity; an Authorized User; the integrity or operation of NC HealthConnex; or an <br />individual whose Message Content is Transacted using the Onboardingand TechnicalSpecifications; <br />the Participants hereby grant to NC HIEA the power to summarily suspend, to the extent necessary <br />to address the threat posed by the Participant, a Participant’s Digital Credentials, pending the <br />submission and approval of a corrective action plan, as provided in this Section. Upon suspension, <br />NC HIEA shall immediately suspend the Participant’s Digital Credentials and within twelve (12) <br />business hours of suspending a Participant’s right to Transact Message Content (i) provide a notice <br />of such suspension to all Participants; and (ii) provide to the suspended Participant a written summary <br />of the reasons for the suspension. The Participant shall use reasonable efforts to respond to the <br />suspension Notice with a detailed plan of correction or an objection to the suspension within three <br />(3) business days or, if such submission is not reasonably feasible within three (3) business days, <br />then at the earliest practicable time. If the Participant submits a plan of correction, NC HIEA shall, <br />within five (5) business days, review and either accept or reject the plan of correction. If the plan of <br />correction is accepted, NC HIEA shall, upon completion of the plan of correction, reinstate the <br />Participant’s Digital Credentials and provide a notice to all Participants of such reinstatement. If the <br />plan of correction is rejected, the Participant’s suspension will continue, during which time NC HIEA <br />and the Participant shall work in good faith to develop a plan of correction that is acceptable to both <br />the Participant and NC HIEA. At any time after NC HIEA rejects a Participant’s plan of correction, <br />either the Participant or NC HIEA may submit a Dispute to the Dispute Resolution Process described <br />in Section 20. If NC HIEA and the Participant cannot reach agreement on a plan of correction <br />through the Dispute Resolution Process, NC HIEA may terminate the Participant in accordance with <br />Section 19.04. <br />19.04.Termination by NC HIEA. The Parties hereby acknowledge and agree that NC HIEA may <br />terminate a Participant’s connection to NC HealthConnex and Participant’s right to Transact <br />Message ContentIROORZLQJ1RWLFHWR3DUWLFLSDQWE\1&+,($DQGDVIROORZV: <br />a. After taking a suspension action in accordance with Section 19.03 when there is a substantial <br />likelihood that the Participant’s acts or omissions create an immediate threat or will cause <br />irreparable harm to another party including, but not limited to, a Participant, a Participating <br />Entity, or an Authorized User, integrity or operation of NC HealthConnex, or an individual <br />whose Message Content is Transacted; or <br />b. In the event a Participant is in material default of the performance of a duty or obligation imposed <br />upon it by this Agreement and such default has not been substantially cured within thirty (30) <br />calendar days following receipt by the defaulting Participant of written Notice thereof from NC <br />HIEA. <br />c. A Participant whose Digital Credentials are revoked by virtue of termination may appeal such <br />revocation through the Dispute Resolution Process. However, during the pendency of any such <br />appeal, the Participant’s Digital Credentials may continue to be revoked at the discretion of NC <br />HIEA. <br />19.05.Effect of Termination. Upon any termination of this Agreement for any reason, the terminated party <br />shall cease to be a Participant and thereupon and thereafter neither that Party nor its Authorized Users <br />shall have any rights to submit HIE Data or have access to the NC HealthConnex Resources or <br />Transact Message Content with other Participants (unless such Authorized Users have an <br />DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC
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