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Surescripts Terms and Conditions

TERMS AND CONDITIONS FOR USE OF THE SURESCRIPTS NETWORK

Certain aspects of UBC’s Patient Support Programs are provided through our third party vendor, Surescripts (the “Services”). By using the Services, you represent and warrant that you are a properly licensed health care provider and that you will use the Services in accordance with these terms and conditions.

1. Data Security. You agree to keep all confidential and propriety information obtained through the Services confidential and to use this information solely in connection with your use of the Services. You agree to establish and maintain appropriate safeguards against the destruction, loss, or alteration of this information and to maintain appropriate administrative, technical, and physical safeguards to protect the privacy and security of this information.

2. Compliance with Law. You agree to comply with all applicable federal, state, and local laws, including but not limited to: (a) the Health Insurance Portability and Accountability Act (“HIPAA”); (b) the Health Information Technology for Economic and Clinical Health Act (“HITECH”); (c) the Anti-Kickback provisions of the Social Security Act; (d) the federal Physician Self-Referral Prohibition provisions of the Social Security Act; and (e) data breach notification laws.

3. Patent Consents/Authorizations. You agree to: (a) obtain all required patient consents and/or authorizations prior to transmitting a request for information through the Services, including consent and/or authorization for the use and disclosure of information by UBC for the provision of the Services; and (b) to comply with any identity proofing, privacy, or patient consent policies related to the delivery of information through the Services.

4. Commercial Messaging Rules. You shall not influence the prescribing decision of a prescriber at the point of care in response to the selection of a pharmaceutical or pharmacy for any prescription delivered via the Services. You may show information regarding a payer’s formulary and benefit plan design and/or deliver, or have delivered to you, clinical alerts that are sourced from payers and/or generally recognized sources of clinical information. You may maintain custom lists such as commonly used: (a) medications; (b) pharmacies; and/or (c) SIGs (i.e., instructions for the use of medications).

5. Disclaimers. A data source may elect not to send or receive messages through the Services and neither UBC nor Surescripts make any representation or warranty regarding the availability of a particular data source or other participant or the accuracy or completeness of any information obtained through the Services. It is your responsibility to verify the information obtained through the Services. You release and hold harmless UBC, Surescripts, and any data source or participant from any liability, cause of action, or claim related to information received from the Services. The Services are not intended to serve as a replacement for applicable prescription documentation, including written prescriptions when required. Use of the Services is not a substitute for your standard practice or professional judgement. Any decision with regard to the appropriateness of treatment, or the validity or reliability of information, is your sole responsibility as the patient’s health care provider. These disclaimers shall survive the termination or expiration of the Services.

6. Restrictions on Use. You shall not modify, add commercial or other messages to, repackage, distribute, license, sell, or make any commercial use of any information provided by the Services. You shall not retain a copy of, store in any medium, perform analytics on, aggregate in any manner, or otherwise use or perform any action with relation to any data or information sent through the Services other than as specifically permitted under these terms. You agree not to engage in any act or omission which would interfere with, modify, or delay the transmission of any data or information provided by the data sources.

7. Termination. UBC or Surescripts may suspend or terminate your access to or use of the Services in the event of: (a) your actual or suspected breach of these terms; or (b) the termination of any underlying Patient Support Program.