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<br />mhin
<br />EXHIBIT A: MHIN ELECTRONIC HEALTH RECORD SERVICE PROVIDER AGREEMENT
<br />DEFINITIONS
<br />The following terms shall have the meaning ascribed to them in this Exhibit A when used in the Agreement.
<br />a. "Agreement" shall mean the MHIN Electronic Health Record Service Provider Agreement and Exhibit
<br />A: Definitions; Exhibit B: Terms and Conditions; Exhibit C: Scope of Services; Exhibit D: System
<br />Recommendations; Exhibit E: Investment Overview; Exhibit F: HIPAA Business Associate
<br />Agreement; Exhibit G: Help Desk Information; Exhibit H: HIO Data Exchange Participant Agreement,
<br />b. "Applicable Law" shall mean the federal, state and local laws, rules, policies or regulations adopted by
<br />administrative agencies that are applicable to either MHIN's or Practice or a party's rights and
<br />obligations under the Agreement, including, without limitation, laws, rules and regulations applicable
<br />to the confidentiality of patient records and the protected information of Individuals, such as HIPAA,
<br />as defined in Section 1 below.
<br />c. "Authorized End User(s)"shall mean each licensed EMS Paramedic and/or administrative user
<br />("Administrative User") identified by Practice to MHIN for provision of access to the MHIN Service, as
<br />such Authorized End Users are updated from time to time during the Term.
<br />d. "Confidential Information" shall mean information that relates to a party's past, present, or future
<br />business activities, fees, finances, practices, protocols, products, services, information, content,
<br />technical knowledge, information obtained pursuant to this Agreement, which is otherwise protectable
<br />by patent, copyright or trade secret, which has been designated in writing as confidential when
<br />disclosed to the other party to the Agreement or which is, by its nature, something that would
<br />reasonably be understood to be confidential by a recipient familiar with the health care industry.
<br />Notwithstanding the foregoing, the term "Confidential Information" does not include any information
<br />which (i) was already known to the Receiving Party; (ii) was generally available to the public prior to
<br />disclosure to the Receiving Party; (iii) was developed by the Receiving Party independently of
<br />disclosure by the Disclosing Party; or (iv) was disclosed to the Receiving Party by a third party without
<br />any obligation of confidentiality or restriction on use. Confidential Information also does not include
<br />Data, which is subject to Applicable Law and to the separate provisions of the Agreement specific to
<br />Data, including the Business Associate Agreement (Exhibit F).
<br />e. "Data" shall mean medical, other health care, and/or demographic information of or about an Individual
<br />which is transmitted to and maintained in the MHIN System, all in accordance with the provisions of
<br />this Agreement and the requirements of Applicable Law, including without limitation, HIPAA and state
<br />medical privacy laws.
<br />f. "Data Conversion" shall mean any tasks required to convert Practice's Data from electronic or paper
<br />format to a format that is capable of being accepted into the MHIN System.
<br />g. "Electronic Health Record" or "EHR" shall mean a longitudinal electronic record of patient health
<br />information generated by one or more encounters in any care delivery setting. Included in this
<br />information are patient demographics, progress notes, problems, medications, vital signs, past
<br />medical history, immunizations, laboratory data and radiology reports. The EHR automates and
<br />streamlines the clinician's workflow. The EHR has the ability to generate a complete record of a clinical
<br />patient encounter - as well as supporting other care -related activities directly or indirectly via interface
<br />- including evidence -based decision support, quality management, and outcomes reporting.
<br />h. "Go Live" shall mean Practice's, or any of its Authorized End Users', first acceptance and use of the
<br />MHIN Service in a live, production environment using actual Practice data.
<br />i. "HIPAA" shall mean the Health Information Portability and Accountability Act of 1996, specifically
<br />including the Standards for Privacy of Individually Identifiable Health Information and the Security
<br />Standards for the Protection of Electronic Protected Health Information (45 C.F.R. Parts 160 and 164)
<br />as amended by the Health Information Technology for Economic and Clinical Health Act, enacted as
<br />Title XIII, Subtitle D of the American Recovery and Reinvestment Act of 2009 and as any further
<br />MHIN Form #3013 Revised: 0810812014 Page 4 of 19
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