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Southcoast Health System: MyChart Terms and Conditions

Epic’s MyChart is an online application that allows for communication of non-urgent health care messages between a patient and a health care provider, and also allows you to access certain portions of your medical record maintained by Southcoast. Southcoast Health System, Inc. (“Southcoast”) offers the MyChart application as a convenience to Southcoast patients for the purposes of reviewing health information, communicating with Southcoast providers, and arranging for clinical services and appointments at Southcoast’s facilities.

By accessing or using MyChart, you agree to be bound by these Terms and Conditions (“Terms and Conditions”). Your use of MyChart is completely voluntary and is not required to receive health care from Southcoast. However, if you do not agree to these Terms and Conditions you may not access or use MyChart.

1. MyChart Patient Access

Access to MyChart is granted to patients for the purpose of furthering medical care at Southcoast. You will be provided with instructions for creating a unique personal login name (“MyChart ID”) and password. The MyChart ID and password you choose will be used to access your health information in MyChart and are unique codes that identify you in the MyChart application.

Do not share your MyChart ID and password with anyone. Your MyChart ID and password are crucial to protecting the confidentiality of your health information. It is your responsibility to prevent disclosure of your MyChart ID and password, and to change your password at any time if you feel that the security of your password has been compromised.

Patient access to MyChart may be unilaterally terminated, restricted, conditioned or limited at any time for any reason, as determined in the sole discretion of Southcoast, in accordance with these Terms and Conditions.  Southcoast may revise these Terms and Conditions at any time, and the revisions shall be effective upon posting. Southcoast reserves the right in the future to charge a fee for the use of MyChart. You will be notified of this charge and asked to re-apply if you agree to the fee and wish to continue with this service.

2. MyChart Proxy Access (by Individuals Other than the Southcoast Patient)

In certain prescribed circumstances, individuals may obtain proxy access through MyChart to the health information of a Southcoast patient by completing an access form for that purpose (each a “MyChart Proxy Access Form”). Proxy access to a Southcoast patient’s health information is granted only pursuant to a legal relationship with the patient establishing the legal right to access the health information or with the consent of the patient.  Proxy access is governed by these Terms and Conditions and the terms set forth on the applicable MyChart Proxy Access Form. MyChart Proxy Access Forms are available on Southcoast’s MyChart web site or in your Southcoast provider’s office. As a proxy user you are required to access MyChart via your own MyChart account and associated MyChart ID. When you access MyChart as a proxy user, these Terms and Conditions apply to you. You are also required to inform Southcoast immediately if your legal relationship with the Southcoast patient changes or you no longer have consent to access the information.

Proxy access to MyChart may be unilaterally terminated, restricted, or limited at any time for any reason, as determined in the sole discretion of Southcoast, in accordance with these Terms and Conditions and the terms set forth on the applicable MyChart Proxy Access Form.

3. MyChart Use

MyChart must never be used in an emergency or to communicate regarding urgent matters. In an emergency, immediately dial 911 and/or go to the nearest emergency room. For non-emergency urgent matters, please call your physician, go to an emergency room, or dial 911, as necessary.

MyChart enables you to communicate with your Southcoast health care provider regarding your health information. Your messages should only relate to your own health condition(s) or those of a person for whom you are acting as a proxy user consistent with Section 2 above. You acknowledge and agree that Southcoast employees or contractors, other than your healthcare provider may be involved in addressing your communications through MyChart. Therefore, use of MyChart may not be appropriate if there is sensitive information that you would only wish to discuss directly with your health care provider. If your communication contains sensitive information that you want shared only with your health care provider, you should contact the provider directly and not through MyChart.  Messages you send via MyChart may be made part of your permanent medical record at the discretion of Southcoast, your doctor, or support staff. Once your message is made part of your medical record, it will be accessible by current and future Southcoast employees and contractors who are appropriately involved with your care and in accordance with applicable state and federal laws.

Upon receipt, communications will be routed to an appropriate individual within your health care provider’s department and/or practice. If your provider is out of the office or unavailable, messages sent via MyChart may be routed to other authorized health care providers within Southcoast in order to facilitate a timely response to your message.

Southcoast will make its best efforts to provide timely responses to electronic inquiries. The anticipated turnaround time for a response is two to three (2-3) business days, but please be aware that response times may vary based on time of year, volume of patient activity, staff availability, and other factors beyond the control of Southcoast.

You will receive an email message when new information has been added to your MyChart. Any person with access to your email will also be able to see this notice. No private health information will intentionally be sent in the email notice, but you should be aware of the possibility that such health information could be sent or inferred from MyChart email communications when providing an email address for MyChart communications.

4. Restrictions on MyChart Access

Southcoast reserves the right to unilaterally terminate patient and/or proxy access to MyChart at any time for any reason.

Southcoast further reserves the right to limit or restrict MyChart access from certain patients, particularly, but not limited to, minors, in accordance with these Terms and Conditions and federal and state law. Patients under twelve (<12) years of age are prohibited from accessing their health information via MyChart. Patients twelve to seventeen (12-17) years of age, with the consent of the patient’s parent or legal guardian provided to Southcoast, or without consent in certain circumstances, may be granted limited access to their health information via MyChart. The parents or legal guardians of a minor patient may access the minor’s health information via MyChart by completing a MyChart Proxy Access Form, provided, however, that such proxy access shall be limited in accordance with these Terms and Conditions and federal and state law.

Misuse of the MyChart application or violation of these Terms and Conditions may, in the sole discretion of Southcoast, result in Southcoast suspending or terminating your access privileges. Improper activities include, but are not limited to, the use of inappropriate or abusive language, harassing behavior, unauthorized attempts to access patient records, frequent cancellation of appointments reserved through MyChart, permitting third parties (other than proxies in accordance with Section 2 hereof) to access the Epic system or MyChart application, and other activities that cause or are intended to cause a disruption to medical operations, MyChart operations, or Southcoast’s technology or medical records systems, as determined in the sole discretion of Southcoast.

Further, you acknowledge and agree that MyChart access is subject to interruption and will not be available at all times but rather will be contingent on a variety of factors, including without limitation, system maintenance, downtime, and internet connectivity problems, outages, or other issues beyond the control of Southcoast.

5. Accuracy and Integrity of MyChart Health Information

The health information displayed in MyChart may not comprise your entire medical record. Therefore, you must contact Southcoast directly for official and complete copies of your medical record or in regard to discrepancies or inaccuracies within the health information listed in your MyChart record. Although Southcoast strives to ensure the integrity of information uploaded to MyChart, it makes no guarantees whatsoever as to the correctness or accuracy of the health information found on MyChart. Information contained in MyChart may be changed or updated without notice.

6. Privacy of MyChart Health Information

The privacy of your health information is extremely important to Southcoast. Southcoast uses and discloses your health information in order to provide you with high quality health care services. All MyChart communications between you and your Southcoast health care provider occur via an encrypted connection. Southcoast will maintain your health information in strict confidence, and Southcoast will not disclose it to any unaffiliated third party unless you authorize that person to receive your health information, or disclosure is permitted by law. MyChart communications that contain health information are subject to all applicable state and federal laws governing the security and confidentiality of medical records.

If you as a patient find a third party application to which you would like to export your health information from MyChart, Southcoast may provide the ability for you to send your health information to certain third party applications, subject to these Terms and Conditions. Southcoast reserves the right to disable any third party application, in its sole discretion and without notice. Southcoast does not control any third party application and is not responsible for the content or performance of such third party applications. Southcoast does not operate, control, or endorse any information, products, or services provided by third parties, including without limitation, third party applications.  Use of third party applications is strictly at your own risk including, but not limited to, any risks associated with viruses, worms, Trojan horses, malware or other harmful or disabling code. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the third party applications, and you further agree that Southcoast has no responsibility or liability related to such third party terms and conditions or privacy statements.  If you choose to export your health information to a third party application, your health information may be used, stored or disclosed by a third party.  You acknowledge and agree that Southcoast has no control over such third party’s use or disclosure of your health information and that your health information may be disclosed to others. You are solely responsible for any sharing of your MyChart content that you intentionally or unintentionally communicate to others, including to and through any third party or third party application.

7. Indemnification

By using MyChart, you agree to hold Southcoast harmless and indemnify Southcoast and all of its affiliated entities and personnel against any damages or claims arising out of your use or misuse of MyChart or the information contained in it. You expressly assume the sole risk of any unauthorized access or disclosure of confidential health information pursuant to your MyChart use or misuse or your failure to secure your MyChart ID and associated password.

8. Disclaimer of Liability

ALL INFORMATION IN MYCHART IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND MEANT ONLY TO SUPPORT YOUR RELATIONSHIP WITH YOUR SOUTHCOAST HEALTH CARE PROVIDER. YOUR RELIANCE ON THE INFORMATION PROVIDED IN MYCHART IS NOT A REPLACEMENT FOR PROPER MEDICAL ATTENTION AND SHOULD NOT BE USED TO MAKE ANY MEDICAL DECISIONS OR DIAGNOSES.

SOUTHCOAST EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT SOUTHCOAST SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, INCLUDING DEATH, ARISING FROM YOUR USE OR MISUSE OF SOUTHCOAST’S MYCHART APPLICATION OR ANY INFORMATION OR CONTENT CONTAINED THEREIN.

YOU ACKNOWLEDGE THAT THE INFORMATION WILL BE TRANSMITTED OVER THE INTERNET AND THERE IS NO GUARANTEE OF ACCURACY OR SECURITY. SOUTHCOAST IS NOT RESPONSIBLE FOR AND DISCLAIMS LIABILITY FROM:  (A) ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORKS, THE WEB OR INTERNET; (B) YOUR INTERNET SERVICE PROVIDER, ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE OR ANY OTHER SERVICE OR DEVICE THAT IS USED TO ACCESS MYCHART; OR (C) LOSS OR INACCURACY OF DATA OR INFORMATION OF ANY KIND; WHETHER OR NOT SOUTHCOAST IS ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. SOUTHCOAST IS NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, LOSS OR RELATED EXPENSES WHICH MAY ARISE FROM THE USE (OR INABILITY TO USE) MYCHART.

9. Copyright and Trademarks

MyChart is a registered trademark of Epic Systems Corporation. All content associated with Southcoast’s MyChart application, including text, photographs, graphics, data formatting and presentation, icons, images, artwork, names, logos, trademarks and service marks, in any form including the compilation thereof (collectively the “Content”), is the sole property of Southcoast or Southcoast’s third party licensors. Except as set forth in these Terms and Conditions, the direct or indirect reproduction of any Content, in whole or in part, by any means, is prohibited without the express written consent of Southcoast.

10. Limited License

Southcoast grants you a limited license to use MyChart and the services associated with the MyChart application in accordance with these Terms and Conditions. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, or other commercial use of MyChart or its services. All rights not expressly granted by these Terms and Conditions are reserved by Southcoast and its third party licensors.

11. Governing Law / Choice of Forum

By accessing Southcoast’s MyChart application, you hereby expressly agree that the laws of the Commonwealth of Massachusetts will govern all activity and any dispute that may arise hereunder between you and Southcoast or any of its doctors, nurses, staff or other health care providers or affiliates, without regard to the Commonwealth’s conflict of laws principles. You further agree that the federal and state courts of the Commonwealth of Massachusetts shall be the sole and exclusive venues for any legal action or proceeding concerning these Terms and Conditions between you and Southcoast or any of its doctors, nurses, staff, or other health care providers or affiliates.

12. Agreement to Terms and Conditions

You acknowledge and agree to abide by Southcoast’s MyChart Terms and Conditions for access and use of the MyChart application. Such acknowledgement and agreement is signified by either signing these Terms and Conditions below and delivering that executed copy to your Southcoast health care provider, or by clicking “Accept” in connection with your online registration for a MyChart account. Your agreement to abide by any changes to these Terms and Conditions shall be signified by your continued use of the MyChart application after such changes are implemented. It is your responsibility to periodically check these Terms and Conditions for any revisions.