2019-303-E Emergency Svc - NCHIEA participation agreement

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44 eHealth Exchange website available here: http://sequoiaproject.org/ehealth- exchange/onboarding/. 1.1.3 Except to the extent prohibited by Applicable Law, Participants shall provide information that is reasonably requested of it by NC HIEA or by the eHealth Exchange Coordinating Committee for the following purposes, as described in Section 4.03 of the Restatement I to the DURSA. Such purposes include for the Coordinating Committee: to determine whether Participant may exchange Protected Health Information over the eHealth Exchange; to receive and act upon reports of eHealth Exchange Breaches; to suspend or terminate the right of NC HIEA or Participant to exchange Protected Health Information over the eHealth Exchange; to resolve disputes pertaining to the eHealth Exchange; or to fulfill other responsibilities delegated to the Coordinating Committee. Participant shall not be required to disclose PHI to the Coordinating Committee in violation of Applicable Law. Any information other than Protected Health Information provided to the Coordinating Committee shall be labeled as confidential business information. 1.1.4 NC HIEA may voluntarily suspend or terminate, or the Coordinating Committee may suspend or terminate, NC HIEA’s right to exchange Protected Health Information over the eHealth Exchange. If any such suspension or termination occurs, NC HIEA will notify Participant of the action as soon as reasonably possible. If an act or omission of Participant is the reason such suspension or termination occurs, Participant shall cooperate with NC HIEA to submit an appeal or a plan of correction to the Coordinating Committee, as applicable, as quickly as practicable. 1.2 Required Alternative Dispute Resolution. Participants shall submit any disputes related to their exchange of Protected Health Information over the eHealth Exchange to the non-binding Dispute Resolution Process as required by the DURSA and outlined below. If all of the parties involved in the dispute accept a proposed resolution of the dispute, Participant shall implement the terms of the resolution in the agreed upon time frame. Following the Dispute Resolution Process, Participant may pursue alternative remedies if it believes that the Dispute Resolution Process failed to adequately resolve the dispute. 1.2.1 When a Dispute arises, a Participant shall send written Notice, in accordance with the Notice provision in the DURSA, to the other Participant(s) involved in the Dispute. The notice must contain a summary of the issue as well as a recommendation for resolution. The Participant must send a copy of the notice to the Dispute Resolution Subcommittee (see below) for informational purposes. 1.2.2 Within thirty (30) calendar days of receiving the notice, the Participants are obligated to meet and confer with each other, at least once in good faith and at a mutually agreeable location (or by telephone), to try to reach resolution (the "Informal Conference"). If the Participants reach a resolution at the Informal Conference, they shall provide Notification to that effect to the Dispute Resolution Committee. 1.2.3 If the Participants are unable to participate in an Informal Conference during the thirty (30) calendar day period or to reach resolution at the Informal Conference, they have ten (10) business days following the end of the thirty (30) calendar day period or the Informal Conference, respectively, in which to escalate the Dispute to the Dispute Resolution Subcommittee in writing. a. The Dispute Resolution Subcommittee (the "Subcommittee") will be a five (5) member standing subcommittee of the Coordinating Committee. The Coordinating DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC