Exceptions to Required Responses Sample Clauses

Exceptions to Required Responses. Notwithstanding the foregoing, Signatory is permitted but not required to Respond to a Request transmitted via QHIN-to-QHIN exchange in the circumstances set forth in 9.4.1(i)-(vi) below, provided the Response: (a) is not prohibited by Applicable Law; (b) is consistent with Signatory’s Privacy and Security Notice, if applicable; and (c) is in accordance with this Common Agreement. (i) If Signatory is a Public Health Authority; (ii) If Signatory utilizes the Government Benefits Determination Exchange Purpose, including such an agency’s agent(s)/contractor(s); (iii) If the reason asserted for the Request is Individual Access Services and the information would not be required to be provided to an Individual pursuant to 45 CFR § 164.524(a)(2), regardless of whether Signatory is a NHE, a Covered Entity, or a Business Associate; (iv) If the Requested information is not Required Information, provided such response would not otherwise violate the terms of this Common Agreement; (v) If Signatory is a federal agency, to the extent that the Requested Disclosure of Required Information is not permitted under Applicable Law (e.g., it is Controlled Unclassified Information as defined at 32 CFR Part 2002, and the party requesting it does not comply with the applicable policies and controls that the federal agency adopted to satisfy its requirements); or (vi) If the Exchange Purpose is authorized but not required at the time of the Request, either under this Common Agreement or the Exchange Purposes SOP.