Sharing your patients’ lab results gives other providers the information they need to deliver better care while also eliminating duplicate tests and lowering healthcare costs.
Results. Quest shall arrange with GaHIN Sub for the installation of a Uni-Directional Interface which allows Quest to electronically transmit patient test results (copy only) to a repository hosted by GaHIN Sub, which will make such test results available for retrieval via the Exchange. By signing this Agreement, Participant acknowledges and authorizes Quest to transmit result reports to GaHIN Sub for the purpose of making such results available for retrieval via the Exchange in this manner and based upon Participant’s relationship with the Exchange.
No Supplies or Equipment. Quest is not providing any supplies or equipment under this agreement. Participant is responsible for arranging separately for all hardware, software, services, items, devices, or supplies necessary for Participant to connect to the Exchange. Likewise, Participant shall be responsible for all maintenance, support and service fees which are related to Participant’s system and to connection to the Exchange.
Compliance with All Laws and Restricted Use. It is the intent of the parties hereto to comply with all federal, state and local statutes, regulations and ordinances, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Section 1877 of the Social Security Act (commonly known as the “Stark Provisions”) and the anti-kickback provisions set forth in the fraud and abuse sections of 42 U.S.C. 1320(a), as well as and any regulations issued thereunder and any applicable similar state laws and regulations. The parties agree that pursuant to this Agreement, Quest shall only provide items, devices, or supplies that are used solely to order or communicate the results of, tests or procedures provided for Participant, and that any benefit, consideration or remuneration conferred upon Participant by virtue of this Agreement is not conditioned upon the referral of Medicare or Medicaid testing to Quest.
Warranty/Liability. The connection from Quest to GaHIN Sub is provided on an “as-is” and “as-available” basis. Quest disclaims any and all warranties with regard to the connection from Quest to GaHIN Sub or the Exchange. In no event will Quest be liable for incidental, consequential, special or indirect damages. In jurisdictions limiting the effect of such a limitation, Quest’s liability is limited to the greatest extent permitted by law. Quest shall not be responsible for any claim in connection with the establishment or performance of the Exchange, nor for how any person may use the data once submitted to the Exchange. Participant hereby expressly releases Quest and agrees to indemnify and hold Quest harmless from any and all claims, including any and all claims for property damage, personal injuries and/or consequential, punitive or other damages which arise, or are alleged to have arisen, in connection with the establishment, operation or functioning of the Exchange.
Term and Termination. Either Party may terminate this agreement at any time upon 15 days’ notice.