Health information exchange means a person who makes available an electronic means of connecting disparate electronic systems on which health-related information is shared which: 1. Is made commercially available to health care providers and other covered entities by a covered entity or the business associate of a covered entity, as those terms are defined in 45 C.F.R. 160.103; and 2. Allows the secure transfer of clinical information concerning the health of a patient according to nationally recognized standards to any health care provider who provides services to the patient that elects to exchange health information in such a manner.
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