Common use of Specific Duties of a Participant When Submitting a Message Clause in Contracts

Specific Duties of a Participant When Submitting a Message. Whenever a Participant or Participant User acts as a Submitter by submitting a Message to another Participant or Participant User, the Submitter shall be responsible for: 13.01. Submitting each Message in compliance with Applicable Law, this Agreement, the applicable Performance and Service Specifications, and Operating Policies and Procedures including, but not limited to, representing that the Message is: (i) for a Permitted Purpose; (ii) submitted by a Submitter who has the requisite authority to make such a submission; (iii) supported by appropriate legal authority for Transacting the Message Content including, but not limited to, any consent or Authorization, if required by Applicable Law; and (iv) submitted to the intended Recipient. 13.02. Representing that assertions or statements related to the submitted Message are true and accurate, if such assertions or statements are required by the Performance and Service Specifications or Operating Policies and Procedures; 13.03. Submitting a copy of the Authorization, if the Submitter is requesting Message Content from another Participant or Participant User based on the Permitted Purpose described in Section 1(jj)(6). Nothing in this Section shall be interpreted as requiring a Submitter who is requesting Message Content to obtain or transmit an Authorization for a request based on a Permitted Purpose other than the one described in Section 1(jj)(6), even though certain other Participants or Participant Users require such Authorization to comply with Applicable Law. 13.04. For Federal Participants only, in addition to complying with Sections 13.01 through 13.03, ensuring that Messages submitted by such Federal Participant adhere to interoperability standards adopted by the Secretary of Health and Human Services, and the National Institute of Standards and Technology (NIST) and the Federal Information Processing Standards (FIPS), as applicable.

Appears in 7 contracts

Samples: Data Use and Reciprocal Support Agreement (Dursa), Health Information Exchange Agreement, Data Use and Reciprocal Support Agreement (Dursa)

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