HCX - Terms of use
Guidelines on key terms for and draft template agreement between an HCX and its participants
Approach
The Terms of Use and Privacy Policy of an HCX will constitute the Agreement with its Participants. As there is no HCX operational, there is no such existing agreement to use as a reference. Therefore, the proposed temaplate below provides the needed reference template.
In order to create the drafts of the templates, it is necessary to first identify the key terms of the relationship between the parties, i.e., the HCX and a participant. These key terms have been derived from the guidelines earlier specified in the business specifications:
Guidelines for Participant Onboarding
Guidelines for Grievance redressal
Guidelines for SLAs and Customer satisfaction
Guidelines for Operating charges
Other guidelines the the current business specifications
In effect, the terms of use and privacy policy drafts are summaries of the above guidelines, couched in the form of legally binding contracts.
In keeping with the endeavour to ensure rapid dispute resolution between all entities in the HCX, the drafts are being created so that they are FTA friendly. In order for the documents to be FTA friendly, they must be unambiguous and identify the potential disputes that could arise between an HCX and a Participant and the evidence needed by the parties to prove their case and, as far as possible, damage computation formulae.
The aim is to create terms of use and privacy policy drafts that are documents that are model templates that any prospective HCX Operator can adopt as-is, though the Operator would, of course, be free to make modifications, or to adopt completely different terms. However, since these documents will have been vetted by the entire health claims ecosystem, it is unlikely that an operator would adopt entirely different terms.
Template - HCX Terms of use
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