Terms and Conditions for Your Use

 

Please read these Terms & Conditions (these “Terms”) carefully. These Terms are a legal agreement among you (“you” and “your” refer to the patient who enrolls in MyChart, and, as applicable, any other MyChart users, such as Proxy users), Quad/Med, LLC and any of its associated health care providers and practices (the Providers), collectively referred to as “we”, “us” and “our”).

 By agreeing to these Terms, you are requesting access to portions of your personal health information and the ability to communicate health information with your provider and others on your QuadMed health team via the Internet using MyChart. You hereby expressly authorize disclosure of your identifying health information to your designated MyChart account for the purposes described in these Terms.

 These Terms govern your access to and use of the MyChart website, the MyChart App, and other online services which link to these Terms (collectively, “MyChart”). By clicking “ACCEPT” or by accessing or using MyChart, you accept and agree to be bound by these Terms without limitation or qualification and consent to the QuadMed Privacy Policy. If you do not agree to these Terms, including the class action waiver in these Terms, do not access or use MyChart.

 1.   Privacy

The information available through MyChart may be protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), and may be protected by HIPAA and other state and federal laws governing the privacy, security and confidentiality of medical records, PHI and other personal information. For more information about how we collect, use, disclose and protect the PHI of patients, please review the Notice of Privacy Practice at www.quadmedical.com.

 You are solely responsible for any sharing via any communication method of your MyChart account and the information available through MyChart, intentionally or otherwise, to others, including health care providers and outside vendors of mobile applications or other products and services.

 We strive to protect your information, but we cannot guarantee or warrant the security of any information you transmit to or from MyChart. Without limitation, we cannot be held responsible for unauthorized access to your information resulting from:

·         You not logging out of MyChart;

·         The loss or theft or your MyChart account password;

·         Your downloading, printing or sharing information from MyChart;

·         Unauthorized disclosure resulting from your personal computer settings or installed software products that may compromise information security;

·         Unauthorized disclosure though third-party online programs, software applications, and mobile applications that you authorize to be interfaced to MyChart;

·         Unauthorized disclosure by a person or company to which you email, text, or otherwise transmit information, or by an individual or entity which you permit to collect information from MyChart; or

·         Other events outside our control.

 

2.   Portions of Your Medical Record Information in MyChart

MyChart is a communication tool offered to you as a convenience.  You may receive messages, test results, and other communications through MyChart.  MyChart provides online access to a portion of your electronic medical record stored in our Epic EHR System. Your entire patient medical record is not available through MyChart.  MyChart reflects selected parts of the information in your medical record, such as prescriptions, basic test results, summary medical history, appointments and similar information. Your provider may decide which types of information to release into MyChart. You may request your full patient medical record through the procedure described in the Notice of Privacy Practices.

 

3.   Enrolling in MyChart and Establishing your User Account; Deactivating your MyChart Account

When you first enroll in MyChart, you will create a personal login name and a password.  Anyone with access to your login name and password may access your confidential medical information, read your messages, and send messages to your provider.  It is your responsibility to protect your login and password, and to change your password if you feel that its security has been compromised. You may change your password at any time.  We are not liable or responsible for any claims or damages that result from your failure to keep your password secure. You are responsible for all activity in your MyChart account.

 

Your valid email address is required to establish your MyChart account. You are responsible for updating this address if you change your email account. You will receive email messages notifying you that new information is available in your MyChart account. An email notification that you have a message in MyChart may be information that you do not want others to know, and these notifications to your email address are not encrypted and secure. Please take note of this.

 

You may deactivate your MyChart Account at any time. See the FAQs at the end of these Terms for information. Deactivation not affect information already in your MyChart Account, but it will no longer be available to send, receive, or access additional information.

 

4.   Consent to Electronic and Telephone Communications

You agree that any communications that we send to you in MyChart will satisfy any legal communication requirements, including without limitation, any requirement that communications to you be in writing. You should keep copies of communications from us by printing a paper copy or saving an electronic copy.

 

You agree that we may use the telephone numbers you provide to us to communicate with you by telephone (including cell phone) regarding your account, appointment reminders, bill payment reminders, debt collection efforts and other information and marketing messages.

 

Further, by clicking “ACCEPT,” you confirm that any telephone number your provide to us is your telephone number, and you authorize us to contact you with marketing and other information by calling you at the telephone number(s) you have provided.

 

5.   MyChart Web Information and Links Do Not Constitute Medical Advice.

The patient should never change or stop any course of treatment prescribed or ordered by the patient’s provider without first consulting him or her.  Always seek the advice of the patient’s provider or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on MyChart, including a third-party website link

 

We are not responsible for any information made available to you through Epic MyChart accounts you may have set up with other healthcare organizations or for health care services you may receive through other healthcare organizations.

 

6.   MyChart E-Visit Terms and Conditions of Use

You may use MyChart to communicate non-urgent conditions with your provider to consult about your health visit needs. What types of non-urgent conditions are appropriate for MyChart e-visit messages to your provider?  The following types of non-urgent condition questions may be appropriate for MyChart e-visit message communications with your provider:

·         Cough

·         Diarrhea

·         Sinus Problems

·         Urinary Problems

·         Vaginal Discharge/Irritation

 

IF YOU BELIEVE YOU OR A PATIENT FOR WHOM YOU PROXY IS EXPERIENCING AN URGENT, LIFE-THREATENING, OR SERIOUS HEALTH CONDITION, GO TO A HOSPITAL EMERGENCY ROOM OR DIAL 911.

 

The anticipated turnaround time for response to electronic messages is one business day, but could be longer. If your provider is out of the clinic or otherwise unavailable, any messages you send to us in MyChart may be routed to an appropriate person to help with a timely response to your request. In addition, your provider or another clinician on your provider’s behalf may send messages to you via MyChart. It is your responsibility to monitor these messages and respond in an appropriate and timely manner. The message and response may become part of your medical record.

 7.   Proxy Access for Persons Involved in Your Care

Minor Patients. Parents and legal guardians may request access to their minor child's health information through MyChart. This is a type of proxy access (access by one person to another person's interactive health record). The amount of information the parent will be able to see depends on the age and legal status of the minor. The limits on interactive health record access does not affect any other right the parent may have to obtain a minor child's records.

 Under Age 12. A parent or legal guardian may obtain Proxy access to a minor patient’s MyChart account until the patient's 12th birthday. The Proxy will be able to access all information in the minor patient’s MyChart account and disclose the information to others.

 Ages 12 – 18.  If a parent or legal guardian has Proxy access to a minor patient’s MyChart account prior to the patient's 12th birthday or if a minor patient age 12 or older establishes a MyChart account with Proxy access, the MyChart account will be automatically modified to a different level of access applicable for adolescent patients.

 

Adult Patients. If an adult (age 18 or older) patient has a Proxy, the Proxy must agree, and the patient must complete enrollment and consent forms permitting such access. The consent forms may be valid for limited periods of time and will need to be completed periodically to continue.

 All Patients with a MyChart Proxy.

If the Proxy's legal relationship with the patient changes, please notify the patient’s provider. We reserve the right to revoke Proxy access at any time for any reason. The information in MyChart is obtained from the patient’s electronic medical record in our Epic EHR System and may include information from our providers or other health care organizations or third parties. The patient authorizes us to provide the patient’s Proxy with access to any of the patient’s information available through MyChart, including, if applicable, information related to the diagnosis and treatment of mental illness, developmental disabilities, sexually transmitted diseases, HIV test results, genetic testing results and substance use disorders.

 8.   Links and Interfaces to Third-Party Products and Services

You may link or interface MyChart to online websites, software, mobile applications and other online products and services offered by third-party companies that we do not control. When you access MyChart from a third-party product or service that does not contain our logo and that requires you to provide your MyChart credentials, you are outside of MyChart.  You will not necessarily be notified by MyChart when you are leaving MyChart.  We are not responsible for these third-party products and services and are not liable for the third-party companies’ acts and omissions.

 MyChart may provide links or interface with products and services of third-party companies that we have made arrangements with to offer you services to help you manage the patient’s health. These third-party products and services may be co-branded, meaning that they display the MyChart logo and the logo of the third-party company, but they are owned and controlled by the third party.

 MyChart also may provide links to or interface with third-party online products and services with which we have no business relationship with the third-party that controls the product or service and a link or interface is provided only as a convenience to you.

 We are not responsible for the acts or omissions of mobile apps or other third party solutions or how they use and disclose information about you. The third-party products and services are independent from MyChart.  When you use the links in MyChart to access third-party products or services or access, request or save your information though products and services interfaced with MyChart, you do so entirely at your own risk.

We disclaim all representations and warranties as to the security or privacy of any data you provide to any third party. We do not ensure the security of communications not under our control, including your sharing of information with other health care providers or access to your MyChart account by third-party companies which you permit.

 

Please read any terms of use and conditions and privacy policies or related information presented to you in relation to third-party products and services. Only the third parties’ terms of use and privacy policies will apply to your use of their products and services and the third parties’ use of the patient’s information.

 

9.   MyChart Access Right and Prohibited Uses

You may use MyChart for your personal health care purposes. You will not:

·         Try to resell or make any other commercial use of MyChart;

·         Make any derivative of MyChart;

·         Collect email addresses, health information, or other information about other users (except that your designated proxy may collect information about you);

·         Infringe upon, misappropriate or violate the rights of any other person;

·         Log on as and pretend to be another person;

·         Send or receive harmful, unlawful, threatening, or hateful content or engage in other action that could hurt other persons (as we determine in our view);

·         Take actions that hurt or that may hurt the MyChart site, interfaces, or mobile or other devices; or

·         Use MyChart to engage in any unlawful activities.

 

We reserve the right to restrict or terminate access to MyChart at any time for any reason. Without limiting the foregoing, if your use of MyChart violates these Terms, we may permanently terminate your access to MyChart.  We will also deactivate a MyChart account after we become aware of the patient’s death. MyChart may have downtime when it is not available due to system maintenance, back-ups, or other reasons. Your MyChart access is provided on an “as is available” basis.

 

10.   Disclaimer; Waiver of Right to Pursue Class Action Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, MYCHART AND ITS CONTENT AND RELATED SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT ANY DISPUTE RELATED TO THESE TERMS OR MYCHART IS PERSONAL TO YOU. YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

 

11.   MyChart Use Restricted to the United States of America

MyChart is intended for use in the United States of America only. All matters relating to MyChart are governed by the laws of the State of Wisconsin in the United States of America. If you visit MyChart or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) by using MyChart or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with these Terms. 

 

12.   Changes to these Terms; Enforcing these Terms

We may change these Terms at any time. Please check back from time to time to ensure that you are aware of any changes. Your continued use of MyChart indicates your consent to any changed Terms. If you do not agree to the changed Terms, you should immediately terminate your MyChart account.

 

If we do not exercise or enforce any provision of these Terms, that will not be a waiver of our right to do so. If any provision of these Terms is not enforceable or is  void for any reason,  then that provision shall be considered separate from the remaining portion of these Terms to the minimum extent required by law, and shall not affect the validity or enforceability of any remaining provisions of these Terms.

 

13.   Contact Us

For technical issues with MyChart such as issues logging in and retrieving activation codes, please contact QuadMed Patient Services at patientsupport@quadmedical.com or call 888.417.1001.

 

For all urgent medical matters, contact your provider clinic by phone, or go to an urgent care or emergency room or dial 911.

 

MyChart is a registered trademark of Epic