Special Legal Requirements. If and to the extent Applicable Law requires that an Individual either consent to, approve, or provide an authorization for the Use or Disclosure of that Individual’s information to You, such as a more stringent federal or State law relating to sensitive health information, then You shall refrain from the Use or Disclosure of such information in connection with these ToP unless such Individual’s consent, approval, or authorization has been obtained consistent with the requirements of Applicable Law and Section 7 of these ToP, including, without limitation, communicated pursuant to the access consent policy(ies) described in the QTF or applicable SOP(s). Copies of such consent, approval, or authorization shall be maintained and transmitted pursuant to the process described in the QTF by whichever party is required to obtain it under Applicable Law, and You may make such copies of the consent, approval, or authorization available electronically to any QHIN, Participant, or Subparticipant in accordance with the QTF and to the extent permitted by Applicable Law. You shall maintain written policies and procedures to allow an Individual to revoke such consent, approval, or authorization on a prospective basis. If You are an IAS Provider, the foregoing shall not be interpreted to modify, replace, or diminish the requirements set forth in Section 6 of these ToP and any applicable SOP(s) for obtaining an Individual’s express written consent.
Special Legal Requirements. If and to the extent Applicable Law requires that an Individual either consent to, approve, or provide an authorization for the Use or Disclosure of that Individual’s information to Participant, such as a more stringent state law relating to sensitive health information, then Participant shall refrain from the Use or Disclosure of such information in connection with these TEFCA Terms unless such Individual’s consent, approval, or authorization has been obtained consistent with the requirements of Applicable Law and Section 11 of these TEFCA Terms, including, without limitation, communicated pursuant to the process described in the TEFCA Supplements. Copies of such consent, approval, or authorization shall be maintained and transmitted pursuant to the process described in the TEFCA Supplements by whichever party is required to obtain it under Applicable Law, and Participant may make such copies of the consent, approval, or authorization available electronically to any QHIN, TEFCA Participant, or Subparticipant in accordance with the TEFCA Supplements and to the extent permitted by Applicable Law. Participant shall maintain written policies and procedures to allow an Individual to revoke such consent, approval, or authorization on a prospective basis. If Participant is an IAS Provider, the foregoing shall not be interpreted to modify, replace, or diminish the requirements set forth in Section 10 of these TEFCA Terms for obtaining an Individual’s express written consent.
Special Legal Requirements
