Common use of Data Subject To Special Restrictions Clause in Contracts

Data Subject To Special Restrictions. Notwithstanding any provision of the Agreement to the contrary, Participant agrees that, to the extent any Data that is available through its System is subject to special restrictions on use and/or disclosure under Applicable Law or requires specific consent or authorization from the subject Individual under Applicable Law before being used or disclosed for or through the HIE, such Data will not be placed on Participant’s Edge Device unless Participant has determined that providing the Data in response to the Message will comply with such Applicable Law and/or Participant has obtained any required consent or authorization from the subject Individual. By way of example, and not for limitation, Data subject to special restrictions includes Alcohol and Drug Abuse Patient Records regulations published at 42 CFR Part 2, or psychotherapy notes as defined in the HIPAA Privacy Rule at 45 CFR 164.500. Participant is solely responsible for determining the applicable special restrictions provided for under Applicable Law as to Participant, Participant Users and Data in Participant’s System for purposes of Participant’s compliance with this Section 15.02. In addition, Participant may elect not to disclose Data to the HIE relating to “Sensitive Personal Information” as defined in the Policies and Procedures or and may choose not to disclose other personal information if such disclosure is contrary to the documented policies of the Participant.

Data Subject To Special Restrictions. Notwithstanding any provision of the Agreement to the contrary, Participant agrees that, to the extent any Data that is available through its System is subject to special restrictions on use and/or disclosure under Applicable Law or requires specific consent or authorization from the subject Individual under Applicable Law before being used or disclosed for or through the HIE, External HIE or CRISP Services, such Data will not be placed on Participant’s Edge Device shared through Central Data Service unless Participant has determined that providing the Data in response to the Message will comply with such Applicable Law and/or Participant has obtained any required consent or authorization from the subject Individual. By way of example, and not for limitation, Data subject to special restrictions includes Alcohol and Drug Abuse Patient Records regulations published at 42 CFR Part 2, or psychotherapy notes as defined in the HIPAA Privacy Rule at 45 CFR 164.500. Participant is solely responsible for determining the applicable special restrictions provided for under Applicable Law as to Participant, Participant Users and Data in Participant’s System for purposes of Participant’s compliance with this Section 15.0214.02. In addition, Participant may elect not to disclose Data to the HIE relating to “Sensitive Personal Information” as defined in the Policies and Procedures or and may choose not to disclose other personal information if such disclosure is contrary to the documented policies of the Participant. To the extent an External HIE Exchange has specific conditions or obligations relating to Data subject to special restrictions that are pertinent to the above, Participant is responsible for compliance.

Data Subject To Special Restrictions. Notwithstanding any provision of the Agreement to the contrary, Participant agrees that, to the extent any Data provided in accordance with a Use Case that is provided to CRISP or is available through its System is subject to special restrictions on use and/or disclosure under Applicable Law or requires specific consent or authorization from the subject Individual under Applicable Law before being used or disclosed for or through the HIE, such Data will not be placed on stored in Participant’s Edge Device systems or provided to CRISP in accordance with a Use Case unless Participant has determined that providing the Data in response to the Message will comply with such Applicable Law and/or Participant has obtained any required consent or authorization from the subject Individual. By way of example, and not for limitation, Data subject to special restrictions includes Alcohol and Drug Abuse Patient Records regulations published at 42 CFR Part 2, or psychotherapy notes as defined in the HIPAA Privacy Rule at 45 CFR 164.500. Participant is solely responsible for determining the applicable special restrictions provided for under Applicable Law as to Participant, Participant Users and Data in Participant’s System or otherwise provided to CRISP in accordance with a Use Case for purposes of Participant’s compliance with this Section 15.0213.02. In addition, Participant may elect not to disclose Data to the HIE relating to “Sensitive Personal Information” as defined in the Policies and Procedures or and may choose not to disclose other personal information if such disclosure is contrary to the documented policies of the Participant.

Data Subject To Special Restrictions. Notwithstanding any provision of the Agreement to the contrary, Participant agrees that, to the extent any Data that is available through its System is subject to special restrictions on use and/or disclosure under Applicable Law or requires specific consent or authorization from the subject Individual under Applicable Law before being used or disclosed for or through the HIE, such Data will not be placed on Participant’s Edge Device unless Participant has determined that providing the Data in response to the Message will comply with such Applicable Law and/or Participant has obtained any required consent or authorization from the subject Individual. By way of example, and not for limitation, Data subject to special restrictions includes Alcohol and Drug Abuse Patient Records regulations published at 42 CFR Part 2, or psychotherapy notes as defined in the HIPAA Privacy Rule at 45 CFR 164.500. Participant is solely responsible for determining the applicable special restrictions provided for under Applicable Law as to Participant, Participant Users and Data in Participant’s System for purposes of Participant’s compliance with this Section 15.0213.02. In addition, Participant may elect not to disclose Data to the HIE relating to “Sensitive Personal Information” as defined in the Policies and Procedures or and may choose not to disclose other personal information if such disclosure is contrary to the documented policies of the Participant.