40. If a Participant selects an Intermediary to help meet its Data Exchange Framework (DxF) obligations, can that Intermediary sell the data it Accesses via the DxF?

A Participant is not permitted to Access Health and Social Services Information (HSSI) for the purpose of selling the information it Accesses or Exchanges, whether the Participant uses its own technology, a Qualified Health Information Organization (QHIO), an Intermediary that has signed the DxF Data Sharing Agreement (DSA) but is not a QHIO, or an Intermediary that has not signed the DxF DSA:

Unless otherwise permitted by Applicable Law or a legally valid agreement, Participants shall not access Health and Social Services Information through the DSA in order to sell such information. (DxF Permitted, Required, and Prohibited Purposes P&P, Section II.3

Further, while a Participant may De-Identify and Use HSSI received from another Participant, they may not sell de-identified HSSI when it includes information received from another Participant.

Participant may de-identify and use Health and Social Services Information received from another Participant under the DSA and Use or Disclose such De-Identified Health and Social Services Information so long as permitted by Applicable Law and consistent with this section. […] Participants may not sell de-identified Health and Social Services Information when that de-identified Health and Social Services Information includes information received from another Participant. (DxF Privacy Standards and Security Safeguards P&P, Section III.1.a.ii)