Common use of Minimum Requirement for All Participants Clause in Contracts

Minimum Requirement for All Participants. a. All Participants that allow their respective Participant Users to submit Messages that seek Message Content for Treatment shall have a corresponding reciprocal duty to respond to Messages that seek Message Content for Treatment. A Participant shall fulfill its duty to respond by either (i) responding to the Message with the requested Message Content or, (ii) responding with a standardized response that indicates the Message Content is not available or cannot be exchanged. All responses to Messages shall comply with NHIN Performance and Service Specifications, this Agreement, any agreements between Participants and their Participant Users, and Applicable Law. Participants may, but are not required to, respond to Messages that seek Message Content for Permitted Purposes other than Treatment. Nothing in this Section 13.01(a) shall require a disclosure that is contrary to a restriction placed on the Message Content by a patient pursuant to Applicable Law. b. Each Participant that allows its respective Participant Users to submit Messages that seek Message Content for Treatment shall exchange Message Content with all other Participants for Treatment, in accordance with Sections 7, 13.01(a) and 15 of this Agreement. If a Participant desires to stop exchanging Message Content with another Participant based on the other Participant’s acts or omissions in connection with the NHIN or this Agreement, the Participant may temporarily stop exchanging Message Content with such Participant, to the extent necessary to address the Participant’s concerns, and shall notify the NHIN Coordinating Committee of such cessation and the reasons supporting the cessation. The Participants shall submit the Dispute leading to the cessation to the Dispute Resolution Process in Section 23. If the cessation is a result of a Breach that was reported to, and deemed resolved by, the NHIN Coordinating Committee pursuant to Section 16.03, the Participants involved in the Breach and the cessation shall engage in the Dispute Resolution Process in Section 23 in an effort to attempt to reestablish trust and resolve any security concerns arising from the Breach.