2019-303-E Emergency Svc - NCHIEA participation agreement

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6 1. such acquisition, access, disclosure, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with the Participant or Authorized User; and 2. such information is not further acquired, accessed, disclosed or used by such employee or individual; or 3. any acquisition, access, disclosure or use of information contained in or available through the Participant’s System where such acquisition, access, disclosure or use was not directly related to Transacting Message Content. b. Unauthorized disclosure of Participant Confidential Information. 2.24.Individual shall have the meaning set forth at 45 C.F.R. §160.103 of the HIPAA Regulations. 2.25.Meaningful Use of Certified Electronic Health Record Technology or Meaningful Use shall have the meaning assigned to it in the regulations promulgated by the U.S. Department of Health and Human Services under 42 USC §§1395w-4, -1395ww (the American Recovery and Reinvestment Act, Sections 4101 and 4102). 2.26.Medicaid shall mean the health insurance program for certain low-income and/or disabled individuals that is administered by the North Carolina Department of Health and Human Services. 2.27.Message shall mean an electronic transmission of Message Content Transacted between Participants and the State of North Carolina using NC HealthConnex. Messages are intended to include all types of electronic transactions as necessary or desired for the Permitted Purposes, including the data or records transmitted with those transactions. 2.28.Message Content shall mean that information contained within a Message or accompanying a Message. This information includes, but is not limited to, Protected Health Information (PHI), de- identified data (as defined in the HIPAA Regulations at 45 C.F.R. § 164.514), individually identifiable information, pseudonymized data, metadata, Digital Credentials, and schema associated actually or logically with PHI. Message Content does not include HIE Data submitted by Participant to NC HIEA as required by N.C.G.S. 90-414.4(b). 2.29.NC HealthConnex Resources shall mean software, utilities and automated tools, if any, made available for use by NC HIEA or a third party in connection with the Transaction of Message Content. This includes access to NC HealthConnex via the Clinical Portal, interfaces between Participant’s EHR Product and NC HealthConnex, the HIE Features, and any other NC HealthConnex Resources identified by NC HIEA. 2.30.NC HIEA Policies and Procedures shall mean the policies and procedures, including the Privacy and Security Policies and User Access Policies, adopted by NC HIEA that describe (i) management, operation and maintenance of NC HealthConnex; (ii) qualifications, requirements and activities of Participants and Authorized Users when accessing the NC HealthConnex Resources or Transacting Message Content with other Participants; and (iii) support of the Participants who wish to Transact Message Content with other Participants. The NC HIEA Policies and Procedures are amended from time to time in accordance with Section 9.03, and are available on the NC HIEA website. 2.31.Notice or Notification shall mean a written communication, unless otherwise specified in this Agreement, sent to the appropriate Participant’s representative at the address listed in Attachment 1 or NC HIEA in accordance with Section 22. 2.32.Office of the National Coordinator or ONC shall mean the Office of the National Coordinator for Health Information Technology within the U.S. Department of Health and Human Services. DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC