M2: A Model Contract for Health Information Exchange | Markle | Advancing America's Future

M2: A Model Contract for Health Information Exchange

Publication Date: March 13, 2015

Introduction. This document (“Model”) is a model for the organization and content of the Terms and
Conditions of a sub-network organization (“SNO”).

Background. A SNO is to operate as a health information data exchange organization (both regional and
affinity-based) that operates as a part of the National Health Information Network (“NHIN”), a nationwide
environment for the electronic exchange of health information made up of a “network of networks.”

Use of Model. The Model is based on a number of assumptions, which are described in the following
discussion. The Model is not the “answer” for all SNOs. Instead, it is intended to assist in the organization
of a SNO by providing a basis upon which to begin drafting that SNO’s Terms and Conditions. All
language provided in the Model is intended for informational and educational purposes only. It is not
intended, nor should it be used, as a substitute for legal advice. In preparing its own Terms and
Conditions, or other legal documents used in connection with its participation in the NHIN, an
organization should consult with legal counsel. Each SNO will have to draft its Terms and Conditions
based upon its own organization, operations, system and services, regulatory environment, and so on.
Some of the Model’s terms will be inapplicable to some SNOs. The Model shows where some of the
variations might be expected to occur.


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