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File #: A 21-045    Name: Secure Exchange Solutions, Inc. Master Software-As-A-Service Subscription Agreement
Type: BoS Agreement Status: Passed - Natividad Medical Center
File created: 2/12/2021 In control: Board of Supervisors
On agenda: 3/5/2021 Final action: 3/5/2021
Title: a. Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute an agreement with Secure Exchange Solutions, Inc. for secure messaging services at NMC for an amount not to exceed $58,500 with an agreement term retroactive to December 1, 2020 through November 31, 2023. b. Approve the NMC Chief Executive Officer's recommendation to accept non-standard indemnification, insurance, limitations on liability, and limitations on damages provisions within the agreement.
Attachments: 1. Board Report, 2. Secure Exchange Solutions SaaS Agreement.pdf, 3. Secure Exchange Solutions BAA.pdf, 4. Completed Board Order Item No. 4
Title
a. Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute an agreement with Secure Exchange Solutions, Inc. for secure messaging services at NMC for an amount not to exceed $58,500 with an agreement term retroactive to December 1, 2020 through November 31, 2023.
b. Approve the NMC Chief Executive Officer's recommendation to accept non-standard indemnification, insurance, limitations on liability, and limitations on damages provisions within the agreement.

Report
RECOMMENDATION:

It is recommended the Board of Supervisors:

a. Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute an agreement with Secure Exchange Solutions, Inc. for secure messaging services at NMC for an amount not to exceed $58,500 with an agreement term retroactive to December 1, 2020 through November 31, 2023.
b. Approve the NMC Chief Executive Officer's recommendation to accept non-standard indemnification, insurance, limitations on liability, and limitations on damages provisions within the agreement.

SUMMARY/DISCUSSION:

Healthcare providers require the use of a Health Information Services Provider (HISP) to securely transmit protected patient data via Direct Secure Messaging (DSM). DSM is a Health Insurance Portability and Accountability (HIPAA) compliant transport method promoted by the Department of Health and Human Services.

HISPs offer healthcare organizations an onramp to the Direct Secure Messaging network where trading partners can exchange protected health information (PHI). Secure Exchange Solutions is the industry leader in providing HISP services and has been providing the underlying service, through an intermediary, to NMC for many years. NMC is now requesting an agreement that will connect us directly to Secure Exchange without the need to contract through a reseller.

NMC is requesting a retroactive agreement because our previous vendor exited the business abruptly, givin...

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