Common use of Individual’s Right to Opt Clause in Contracts

Individual’s Right to Opt. Out. Each Individual will have the right to decline to have his or her Data transmitted through the HIE via the Query-Retrieve protocol, through the Publish-Subscribe Protocol (an “Opt-Out”), and through Use Cases as specified in the Policies and Procedures. a. The Data and other relevant information about an Individual who Opts-Out will: (i) continue to be held by the HIE for purposes of the Master Patient Index and the Registry for purposes of complying with the Opt-Out; (ii) continue to be transmitted through the HIE via Push protocols (as defined in Definition x.) and/or via Message transport protocols that are supported by the HIE other than Query-Retrieve (as defined in Definition y.) and Publish-Subscribe (as defined in Definition w.); and (iii) continue to be transmitted to Participants or other Recipients as required or permitted by Applicable Law (including but not limited to a Public Purpose as defined in Definition v). CRISP will provide language suitable for Individuals which describes uses and disclosures specified in (i), (ii) and (iii) as a part of the HIE Informational Materials described in Section 4.02. b. The Data, and other relevant information about, Individuals who are listed in the Master Patient Index but who have not Opted-Out of the HIE will be transmitted through the HIE in connection with all HIE supported Messages and transport protocols, including the Query-Retrieve and the Publish-Subscribe protocols. c. Individuals may change their Opt-Out status at any time. CRISP will establish protocols and forms for implementation of the Individual’s right to Opt-Out and for a change in Opt-Out status and other terms and conditions relating to the Opt-Out or change in Opt-Out status that are consistent with these Terms and Conditions through the Policies and Procedures (“Opt-Out Protocol”). An Individual’s Opt-Out or a change in Opt-Out status must be communicated to CRISP through a notice in a form and media specified by CRISP and publicized to Individuals as specified in Section 4.02 and will be effective on a prospective basis, promptly upon receipt of the Individual’s notice by CRISP. CRISP will provide reasonable alternative means for an Individual to provide notice to CRISP relating to an Opt-Out or a change in Opt-Out status to facilitate the exercise by Individuals of their rights as to Opt- Out or changing Opt-Out status without unreasonable burden. d. Information about Individuals who have Opted-Out may not be available for specific Use Cases.

Appears in 2 contracts

Samples: Payer Participation Agreement, Payer Participation Agreement

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Individual’s Right to Opt. Out. Each Individual will have the right to decline to have his or her Data transmitted through the HIE via the Query-Retrieve protocol, protocol and through the Publish-Subscribe Protocol (an “Opt-Out”), and through Use Cases as specified in the Policies and Procedures. a. The Data and other relevant information about an Individual who Opts-Opts- Out will: : (i) continue to be held by the HIE for purposes of the Master Patient Index and the Registry for purposes of complying with the Opt-Out; (ii) continue to be transmitted through the HIE via Push protocols (as defined in Definition x.ff.) and/or via Message transport protocols that are supported by the HIE other than Query-Retrieve (as defined in Definition y.gg.) and Publish-Publish- Subscribe (as defined in Definition w.ee.); and (iii) continue to be transmitted to Participants or other Recipients as required or permitted by Applicable Law (including but not limited to a Public Purpose as defined in Definition vdd.). CRISP will provide language suitable for Individuals which describes uses and disclosures specified in (i), (ii) and (iii) as a part of the HIE Informational Materials described in Section 4.025.02. b. The Data, and other relevant information about, Individuals who are listed in the Master Patient Index but who have not Opted-Out of the HIE will be transmitted through the HIE in connection with all HIE supported Messages and transport protocols, including the Query-Retrieve and the Publish-Subscribe protocols. c. Individuals may change their Opt-Out status at any time. CRISP will establish protocols and forms for implementation of the Individual’s right to Opt-Out and for a change in Opt-Out status and other terms and conditions relating to the Opt-Out or change in Opt-Out status that are consistent with these Terms and Conditions through the Policies and Procedures (“Opt-Out Protocol”). An Individual’s Opt-Out or a change in Opt-Out status must be communicated to CRISP through a notice in a form and media specified by CRISP and publicized to Individuals as specified in Section 4.02 5.02 and will be effective on a prospective basis, promptly upon receipt of the Individual’s notice by CRISP. CRISP will provide reasonable alternative means for an Individual to provide notice to CRISP relating to an Opt-Out or a change in Opt-Out status to facilitate the exercise by Individuals of their rights as to Opt- Opt-Out or changing Opt-Out status without unreasonable burden. d. Information about Individuals who have Opted-Out may not be available for specific Use Cases.

Appears in 1 contract

Samples: Hie Participation Agreement

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Individual’s Right to Opt. Out. Each Individual will have the right to decline to have his or her Data transmitted through the HIE via the Query-Retrieve protocol, through the Publish-Publish- Subscribe Protocol (an “Opt-Out”), and through Use Cases as specified in the Policies and Procedures. a. The Data and other relevant information about an Individual who Opts-Out will: (i) continue to be held by the HIE for purposes of the Master Patient Index and the Registry for purposes of complying with the Opt-Out; (ii) continue to be transmitted through the HIE via Push protocols (as defined in Definition x.) and/or via Message transport protocols that are supported by the HIE other than Query-Retrieve (as defined in Definition y.) and Publish-Publish- Subscribe (as defined in Definition w.); and (iii) continue to be transmitted to Participants or other Recipients as required or permitted by Applicable Law (including but not limited to a Public Purpose as defined in Definition v). CRISP will provide language suitable for Individuals which describes uses and disclosures specified in (i), (ii) and (iii) as a part of the HIE Informational Materials described in Section 4.02. b. The Data, and other relevant information about, Individuals who are listed in the Master Patient Index but who have not Opted-Out of the HIE will be transmitted through the HIE in connection with all HIE supported Messages and transport protocols, including the Query-Query- Retrieve and the andthe Publish-Subscribe protocols. c. Individuals may change their Opt-Out status at any time. CRISP will establish protocols and forms for implementation of the Individual’s right to Opt-Out and for a change in Opt-Out status and other terms and conditions relating to the Opt-Out or change in Opt-Out status that are consistent with these Terms and Conditions through the Policies and Procedures (“Opt-Opt- Out Protocol”). An Individual’s Opt-Out or a change in Opt-Out status must be communicated to CRISP through a notice in a form and media specified by CRISP and publicized to Individuals as specified in Section 4.02 and will be effective on a prospective basis, promptly upon receipt of the Individual’s notice by CRISP. CRISP CRISP.CRISP will provide reasonable alternative means for an Individual to provide notice to CRISP relating to an Opt-Out or a change in Opt-Out status to facilitate the exercise by Individuals of their rights as to Opt- Out or changing Opt-Out status without unreasonable burden. d. Information about Individuals who have Opted-Out may not be available for specific Use Cases.The foregoing Opt-out right shall also apply to External HIEs. CRISP shall not respond to queries by External HIEs with data for Individuals who have opted-out of CRISP. CRISP users will not be able to query External HIEs for any individual who have opt-ed out of CRISP. CRISP shall not be responsible for the Individual’s opt-out status for External HIEs other than as aforementioned. CRISP will provide notice to Individuals on the CRISP website of CRISP participation in External HIEs and of the corresponding opt-out process for each.d.

Appears in 1 contract

Samples: Payer Participation Agreement

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