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43 <br />Attachment 9 <br />eHealth Exchange Terms and Conditions <br />1.1 Participation by NC HIEA in the national eHealth Exchange, through execution of the DURSA, <br />requires that NC HIEA replicate terms and policies found in the DURSA in NC HIEA Participation <br />Agreements or governance policies. Participants shall comply with the following requirements, <br />which shall apply solely when the parties, through NC HealthConnex, acquire, access, use, or <br />Disclose Protected Health Information over the eHealth Exchange. Capitalized terms not defined in <br />the Participation Agreement can be found in the DURSA or in the NC HIEA Privacy and Security <br />Policy. <br />1.1.1 Permitted Purposes for Transacting Message Content.The permitted purposes for which <br />Participants or Participant Users may legitimately Transact Message Content over the <br />eHealth Exchange through NC HealthConnex are as follows: <br />a. Treatment of the individual who is the subject of the Message; <br />b. Payment activities of the Health Care Provider for the individual who is the subject <br />of the Message which includes, but is not limited to, Transacting Message Content in <br />response to or to support a claim for reimbursement submitted by a Health Care <br />Provider to a Health Plan; <br />c. Health Care Operations of either: <br />i. the Submitter if the Submitter is a Covered Entity; <br />ii. a Covered Entity if the Submitter is Transacting Message Content on behalf <br />of such Covered Entity; or <br />iii. the Recipient if (a) the Recipient is a Health Care Provider who has an <br />established Treatment relationship with the individual who is the subject of <br />the Message or the Recipient is Transacting Message Content on behalf of <br />such Health Care Provider; and (b) the purpose of the Transaction is for <br />those Health Care Operations listed in paragraphs (1) or (2) of the definition <br />of Health Care Operations in 45 C.F.R. § 164.501 or health care fraud and <br />abuse detection or compliance of such Health Care Provider; <br />d. Public health activities and reporting as permitted by Applicable Law, including the <br />HIPAA Regulations at 45 C.F.R. § 164.512(b) or 164.514(e); <br />e. Any purpose to demonstrate meaningful use of certified electronic health record <br />technology by the (i) Submitter, (ii) Recipient or (iii) Covered Entity on whose <br />behalf the Submitter or the Recipient may properly Transact Message Content under <br />this Agreement, provided that the purpose is not otherwise described in subsections <br />1-4 of this definition and the purpose is permitted by Applicable Law, including but <br />not limited to the HIPAA regulations. “Meaningful use of certified electronic health <br />record technology” shall have the meaning assigned to it in the regulations <br />promulgated by the Department of Health and Human Services under the American <br />Recovery and Reinvestment Act, Sections 4101 and 4102; and <br />f. Uses and disclosures pursuant to an Authorization provided by the individual who is <br />the subject of the Message or such individual’s personal representative as described <br />in 45 C.F.R. § 164.502(g) of the HIPAA Regulations. <br />1.1.2 Participants must Transact Message Content over the eHealth Exchange in accordance with the <br />terms of the DURSA and must comply with the eHealth Exchange Performance and Service <br />Specifications and the Operating Policies and Procedures. These policies are available at the <br />DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC