Xerox EDI Gateway, Inc. Provider
Agreement
Please return to:
Mississippi
Medicaid
Program
Provider Enrollment
P.O. Box 23078
Jackson, Mississippi 39225
Page2of3
XeroxEDITPA
E) Trading Partner and EDI Gateway will exercise diligence
in protection of the identity, content, and improper
access of business documents exchanged between the
two parties. Trading Partner and EDI Gateway will make
reasonable efforts to protect the safety and security of
individually assigned identification numbers that are
contained in transmitted business documents and used
to authenticate relationships between the parties.
EDI Gateway may publish data clarifications
(“Xerox EDI Companion Guides”) to complement each
Implementation Guide. Trading Partner should use
Xerox EDI Companion Guides in conjunction with the
HIPAA Implementation Guides available at
http://store.x12.org/store/healthcare-5010- consolidated-
guides.
F) Transactions are considered properly received only
after accessibility is established at the designated
machine of the receiving party. Once transmissions are
properly received, the receiving party will properly
transmit an electronic acknowledgement that
conclusively constitutes evidence of properly received
transactions. Each party shall use commercially
reasonable efforts to ensure that a Virus is not sent to
the other party. Each party agrees that it maintains anti-
virus software on its system, which is updated on a
regular basis. For the purposes of this Agreement,
“Virus” shall mean any "back door", "time bomb", "Trojan
horse", "worm", "drop dead device", "virus", "malicious
logic", software routines, devices, computer codes,
program or hardware components or other
undisclosed feature or file which is designed to permit
unauthorized access to software, hardware or data,
unintentionally or intentionally disrupts, disables, harms,
erases, or otherwise impedes the other party's systems,
or would disable such software or technology."
G) Each party will implement and maintain appropriate
policies and procedures and mechanisms to protect the
confidentiality and security of PHI transmitted between
the parties.
H) The parties acknowledge that any person, who knowingly
and with intent to defraud an insurance company or
other person, files a statement of claim containing
materially false information or conceals, with intent to
mislead, information concerning any fact material to a
statement of claim, commits a fraudulent insurance act,
which may involve violations of civil and/or criminal law.
3. Miscellaneous
A) This Agreement is effective on the date set forth in
Section 3.H, below. This Agreement shall continue
until such time as either party elects to give
reasonable written notice of termination to the other
party or termination of Transaction services provided
by EDI Gateway to Trading Partner, whichever is
earlier.
B) This Agreement incorporates, by reference, any
written agreements between the parties relating to
the subject matter hereof.
C) This Agreement shall be interpreted consistently with
all applicable federal and state privacy laws. In the
event of a conflict between applicable laws, the more
stringent law shall be applied. This Agreement and all
disputes arising from or relating in any way to the
subject matter of this Agreement shall be governed by
and construed in accordance with New York law,
exclusive of conflicts of law principles. THE
EXCLUSIVE JURISDITION FOR ANY LEGAL
PROCEEDING REGARDING THIS AGREEMENT
SHALL BE IN THE COURTS OF THE STATE OF
New York AND THE PARTIES HEREBY
EXPRESSLY SUBMIT TO SUCH JURISDICTION.
D) Unless otherwise prohibited by statute, the parties
agree that this Agreement shall not be affected by
any state’s enactment or adoption of the Uniform
Computer Information Transaction Act, Electronic
Signature or any other state or federal law. Each
party agrees to comply with all other applicable state
and federal laws in carrying out its responsibilities
under this Agreement. This Agreement shall not be
construed as to impute the application of any law
onto a party or require compliance by a party, if
such law does not already apply to or require
compliance by the party, including but not limited to,
the designation of a party as a “covered entity”
under HIPAA if such status does not already apply
under the law.
E) This Agreement is entered into solely between, and
may be enforced only by Trading Partner and EDI
Gateway. This Agreement shall not be deemed to
create any rights in third parties or to create any
obligations of Trading Partner or EDI Gateway to
any third party.
F) NO WARRANTIES, EXPRESS OR IMPLIED, ARE
PROVIDED BY EDI GATEWAY UNDER THIS
AGREEMENT. EDI GATEWAY’S MAXIMUM
AGGREGATE LIABILITY FOR