Common use of Availability of HIE System Clause in Contracts

Availability of HIE System. 1.01 CRISP will make available to Participant during the term of this Agreement, the HIE System, including the Common HIE Resources, and the related operational, administrative and support staff functions and technical infrastructure, for the provision and consumption of Data among Participants for Use Cases expressly defined in Exhibit D of this Agreement,, including the following: ▇. ▇▇▇▇▇ is responsible for all appropriate and necessary software, maintenance and hardware necessary for the HIE System and to allow Participant and Participant’s Participant Users to access and use the HIE via Internet connections. ▇. ▇▇▇▇▇ also is responsible for ensuring that the HIE System shall be available as set forth in the Policies and Procedures and Exhibit D. c. As to Data that is subject to protections and restrictions under Applicable law, CRISP shall provide access to the HIE System via a secured methodology, consistent with industry standards, which shall incorporate end user authentication by Participant Users for access where applicable. CRISP is responsible to ensure HIE System security and shall operate the HIE System in a manner that protects the confidentiality, integrity, availability or security of Data. CRISP will ensure encryption of Data through the use of generally accepted industry standards and methods, in no case less than is required under the Business Associate Agreement (Exhibit F) and under other Applicable Laws. CRISP shall be responsible for the security of Participant’s Data that it receives while under the control of CRISP or Crisp’s Exchange Technology Providers. In furtherance of the foregoing, CRISP shall limit the number of CRISP personnel, subcontractors and agents who will have Access to Participant’s Data to that which is necessary and appropriate to the work function of individual personnel, subcontractors and agents. Additionally, CRISP shall take all reasonable steps necessary to prevent CRISP personnel subcontractors and agents from accessing the HIE System after having their access privileges revoked or suspended. CRISP shall be responsible for ensuring the performance of routine and frequent backups of Participant’s Data stored on the HIE System. d. As to Data that is not subject to protections and restrictions under Applicable Law, and as to Confidential Information of Participant, CRISP shall provide protections for the security and confidentiality of such information, in no event less than reasonable, industry accepted protections, and shall limit the number of CRISP personnel, subcontractors and agents who will have access to such information to that which is necessary and appropriate to the work function of individual personnel, subcontractors and agents. Additionally, CRISP shall take all reasonable steps necessary to prevent CRISP personnel subcontractors and agents from accessing such information after having their access privileges revoked or suspended. e. To the extent that CRISP staff has access to information, including Data and/or Confidential Information of Participant, such information will be used only as specified in Section 5.03. 1.02 As of the Effective Date, CRISP and Participant hereby agree that Participant will have the rights and obligations set forth in this Participation Agreement as relevant to the Use Case(s) as to those health insurance programs or sponsors listed on Exhibit E to this Agreement. In the event of a conflict between a provision of the Participation Agreement and an Exhibit, the provisions of the Exhibit will govern. Exhibit E may be amended to add a health insurance program or sponsor by mutual agreement of the parties. Participant may amend Exhibit E by deleting a program or sponsor at any time on five (5) business day’s written notice to CRISP. Notwithstanding anything to the contrary in this Agreement, Participant shall not have any right to conduct queries or to otherwise make use of the CRISP HIE under this Participation Agreement, except as specifically set forth in a Use Case. 1.03 Connectivity between CRISP and Participant will be established on mutually agreed basis and through mutually agreed means as appropriate to a Use Case.. Connectivity will only be established with Participant as a Covered Entity under HIPAA or with a Business Associate of Participant, or, if Participant is a Hybrid Entity under HIPAA, with a Health Care Component that is a Covered Entity as defined in 42 CFR § 164.105. In the event that Participant is a Hybrid Entity under HIPAA, Participant warrants that it will comply with the relevant requirements of 42 CFR § 164.105 as to disclosures under this Agreement.

Availability of HIE System. 1.01 CRISP will make available to Participant during the term of this Agreement, the HIE System, including the Common HIE Resources, and the related operational, administrative and support staff functions and technical infrastructure, for the provision and consumption of Data among Participants for Use Cases expressly defined Participants, based on the Push, Query-Retrieve and Publish-Subscribe exchange of Messages in Exhibit D of a secure manner, all as described in this Agreement,, including the following, directly or through an Exchange Technology Provider: ▇. ▇▇▇▇▇ is responsible will provide, maintain and make available all data hosting and the software and related services necessary for operation and maintenance of the Participant’s Edge Device. ▇. ▇▇▇▇▇ will provide for all appropriate and necessary software, maintenance and hardware necessary for the HIE System and to allow Participant and Participant’s Participant Users to access and use the HIE via Internet connections. ▇. ▇▇▇▇▇ also is responsible for ensuring that the HIE System shall be available as set forth in the Policies and Procedures and Exhibit D.Procedures. c. d. As to Data that is subject to protections and restrictions under Applicable lawLaw, CRISP shall provide access to the HIE System via a secured methodology, consistent with industry standards, which shall incorporate end user authentication by Participant Users for access where applicableaccess. CRISP is responsible to ensure HIE System security and shall operate the HIE System in a manner that protects the confidentiality, integrity, availability or security of Data. CRISP will ensure encryption of Data through the use of generally accepted industry standards and methods, in no case less than is required under the Business Associate Agreement (Exhibit FC) and under other Applicable Laws. CRISP shall be responsible for the security of Participant’s Data that it receives while under the control of CRISP or Crisp’s Exchange Technology Providers. In furtherance of the foregoing, CRISP shall limit the number of CRISP personnel, subcontractors and agents who will have Access to Participant’s Data to that which is necessary and appropriate to the work function of individual personnel, subcontractors and agents. Additionally, CRISP shall take all reasonable steps necessary to prevent CRISP personnel subcontractors and agents from accessing the HIE System after having their access privileges revoked or suspended. CRISP shall be responsible for ensuring the performance of routine and frequent backups of Participant’s Data stored on the HIE System. d. e. As to Data that is not subject to protections and restrictions under Applicable Law, and as to Confidential Information of Participant, CRISP shall provide protections for the security and confidentiality of such information, in no event less than reasonable, industry accepted protections, and shall limit the number of CRISP personnel, subcontractors and agents who will have access to such information to that which is necessary and appropriate to the work function of individual personnel, subcontractors and agents. Additionally, CRISP shall take all reasonable steps necessary to prevent CRISP personnel subcontractors and agents from accessing such information after having their access privileges revoked or suspended. e. f. To the extent that CRISP staff has access to information, including Data and/or Confidential Information of Participant, such information will be used only as specified in Section 5.03. 1.02 As CRISP will (unless Participant and CRISP agree otherwise in writing), during the term of this Agreement, provide at its sole expense, a virtual Edge Device for Participant’s use exclusively in connection with the HIE. The virtual Edge Device will store only Participant’s Data, drawn from Participant’s System. The Edge Device will be hosted by an Exchange Technology Provider, under an agreement with CRISP. a. For purposes of this Agreement, the Edge Device will be deemed a part of Participant’s System but CRISP will be responsible for the provision of the Effective Date, CRISP Edge Device and Participant hereby agree its compliance with the confidentiality and security of Data held on the Edge Device in accordance with the same standards and requirements that Participant will have the rights and obligations set forth in this Participation Agreement as relevant are applicable to the Use Case(s) as to those health insurance programs or sponsors listed on Exhibit E to HIE under this Agreement. In the event of a conflict between a provision of the Participation Agreement and an Exhibit, the provisions of the Exhibit CRISP will govern. Exhibit E may be amended have authority to add a health insurance program or sponsor by mutual agreement of the parties. Participant may amend Exhibit E by deleting a program or sponsor at any time on five (5) business day’s written notice to CRISP. Notwithstanding anything to the contrary in this Agreement, Participant shall not have any right to conduct queries or to otherwise make use of the CRISP HIE under this Participation Agreement, except do so as specifically set forth in a Use Case. 1.03 Connectivity between CRISP and Participant will be established on mutually agreed basis and through mutually agreed means as appropriate to a Use Case.. Connectivity will only be established with Participant as a Covered Entity under HIPAA or with a Business Associate of ParticipantParticipant as set forth in the Business Associate Agreement (Exhibit C). ▇. ▇▇▇▇▇ agrees that, or, if Participant is a Hybrid Entity under HIPAA, with a Health Care Component that is a Covered Entity as defined in 42 CFR § 164.105. In the event that Participant so requests in writing in its sole discretion with or without cause, CRISP will immediately instruct the Exchange Technology Provider to (i) terminate drawing further Data from Participant’s System into Participant’s Edge Device; and (ii) terminate providing such Data for transmission through the HIE, on a prospective basis. The foregoing termination may be temporary or permanent, and in either case, CRISP will ensure that the Exchange Technology Provider causes such termination to occur promptly upon receipt of CRISP’s instruction. The Edge Device and Participant’s Data stored in the Edge Device will continue to be held by the Exchange Technology Provider and such Data will be available to CRISP for documentation of Messages sent or received by Participant prior to the termination of the Edge Device and for other purposes related to the management of the HIE as specified in Section 5.03, so long as such purposes do not involve further transmission of Participant’s Data to other Participants. Each party acknowledges that a temporary suspension (other than one issued in accordance with 19.04 so long as the investigation is a Hybrid Entity proceeding under HIPAASection 19.04 e) may be grounds for termination of this Agreement by either party, Participant warrants that it will comply after discussion with the relevant requirements other party, and a permanent suspension will be treated as grounds for termination of 42 CFR § 164.105 as to disclosures under this AgreementAgreement by either party.