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TERMS AND CONDITIONS OF USE

This is an agreement (“Agreement”) between the University of Kansas Hospital Authority, its affiliate Jayhawk Primary Care, and any other related entities ( “Medical Provider”), and you for access to MyChart services, software or online tools (collectively, “MyChart”).

What Is MyChart?

  • MyChart is an Internet service that allows patients to have secure Web-based access to portions of their electronic medical record.
  • MyChart is designed as a secure Internet-based environment through which you may receive confidential medical information about yourself.
  • Once you sign up for MyChart, you will be given a one-time only MyChart activation code that you will use to activate your account.
  • You will then create your own MyChart ID, PASSWORD and PASSWORD hint.

Password Guidelines

  • Please DO NOT SHARE your password with anyone. The individual MyChart ID and PASSWORD you choose when you first log on to MyChart are the keys to protecting the confidentiality of your information.
  • You are responsible for remembering your MyChart ID and PASSWORD and for keeping them confidential.
  • We strongly recommend that you write down your MyChart ID and PASSWORD hint and keep them in a safe place for future reference.
  • “Medical Provider” MyChart Support may request your MyChart ID as a form of identity verification and will NEVER ask you for your password. If you are asked to provide your password to anyone else, do not provide it.

Access Code Guidelines

  • From the time you receive your temporary, one-time use activation code, you will have ONLY 60 days to logon and activate your MyChart account.
  • After 60 days, if you have not activated your account, your temporary 12-digit activation code will expire. PLEASE activate your account as soon as possible so you may begin using the services immediately and not risk the inconvenience of having to sign up a second time.

Activation Guidelines

  • You MUST provide us with your email address when activating your MyChart account and keep your email address current via the Email Communication link in MyChart.
  • No confidential information will be sent to your email, but you will receive email notification whenever a new result has been released to your MyChart account.
  • You therefore MUST verify and update your email address via the Email Communication link to ensure that you receive notification of newly released information in a timely manner.

Communication Process

  • Once you have activated your MyChart account, MyChart will become a vehicle through which you may receive important messages from your primary care physician and/or other specialists offering the MyChart service. These include selected test results and other personal medical information.
  • Please be sure to check your email on a regular basis and update any changes to your email address in your MyChart account.

Urgent Medical Matters

  • For all urgent medical matters, contact your physician’s office, go to an emergency room or call 911.

For all medical emergencies, immediately dial 911.

MyChart User Responsibilities

By accessing or using MyChart, you agree to be bound by all the terms and conditions of this Agreement and our privacy policy, which can be found at http://www.kumed.com/privacy. It is important to review this Agreement and the Privacy Policy periodically, as we may modify this Agreement and the Privacy Policy at any time, and you agree that such modifications are effective and binding upon you immediately upon posting of the modified versions.

You agree that MyChart is a communication service offered as a convenience to our patients. You understand that it provides you with online access to portions of your electronic medical record and that you are solely responsible for any sharing of MyChart content that you intentionally or unintentionally communicate to others. You understand that messages will be routed to the appropriate department as necessary for handling, and therefore employees other than your healthcare provider may be involved in addressing your request. Therefore, use of MyChart may not be appropriate if there is sensitive information that you would only wish to discuss directly with your provider.

You understand that you may receive messages, test results and other communications delivered via MyChart. Therefore, you may not receive duplicate written reports of this information. You understand that not all of your medical information may appear on your MyChart. Posting of information is at the discretion of your individual physician(s).

Proxy Access

Any person who is 18 or older or is otherwise legally emancipated may receive proxy access to another individual's MyChart account. In order to be granted proxy access, the patient over 18 years of age must complete the Proxy Access consent form and submit to the "Medical Provider." Proxy access to MyChart may be granted to parties with parental rights or legal guardianship of the individual, individuals who have a durable HealthCare Power of Attorney or to others as requested by the patient. A MyChart account will be activated for the proxy. If the proxy's relationship with the account holder changes, the patient must inform the clinic immediately by calling MyChart Support at 913-588-4040. "Medical Provider" reserves the right to revoke proxy access at any time for any reason.

Prohibited Users

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of MyChart, which includes, without limitation, use of MyChart to: (a) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (b) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property rights of any person; (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on MyChart or any other computer network; (d) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; and/or (e) violate any statute, law, rule or regulation or otherwise violate the legal rights of a third person.

You can discontinue your use of MyChart at any time by contacting MyChart Support at 913-588-4040. If we determine that you have violated this Agreement and/or abused the use of MyChart, we reserve the right, at our sole discretion, to discontinue your use of MyChart. You will be notified if your access to MyChart is discontinued.

Privacy Policy

The “Medical Provider” clinics have in place detailed policies and procedures regarding access to all medical records by our staff and employees and have carefully outlined the circumstances under which your medical information may be released to parties outside the organization. These policies conform to state and federal law and are designed to safeguard your privacy. Our staff and employees are educated in confidentiality policies and the appropriate use of medical information. A patient’s medical information is held in strictest confidence. For a detailed explanation of how we protect your privacy and use your information, please refer to our Privacy Policy (which can be found at http://www.kumed.com/privacy).

Your Medical Record

As we provide your healthcare, we are required to maintain documentation of your medical history, current conditions, treatment plan and all treatments given, including the results of all tests, procedures and therapies. MyChart is an Internet application that enables a patient to have secure Web-based access to portions of their electronic medical record and allow for secure electronic messaging with your healthcare providers. Messages you send via MyChart may be made part of your permanent medical record and may be accessible to current and future staff members who are appropriately involved with your care. All of our generated electronic medical record content is subject to all state and federal statutes governing the security and confidentiality of medical records.

Messaging

MyChart should never be used for urgent matters. Delays can occur based upon volume, availability of staff and the complexity of your condition. “Medical Provider” will make our best effort to provide a timely response to electronic inquiries. In some cases, the clinic staff that needs to respond to an electronic inquiry or other communication may not be immediately available, so a patient should allow at least three (3) business days for a response. Accordingly, emergency situations requiring immediate attention should not be submitted electronically.

FOR ALL MEDICAL EMERGENCIES, IMMEDIATELY DIAL 911.

Keeping MyChart Information Secure

MyChart may be routed to other authorized caregivers within the “Medical Provider” in order to facilitate a timely response to your request. All communications between you and your healthcare team using MyChart are carried over a secure, encrypted connection directly into the electronic medical record. While you may receive Internet email messages notifying you of new messages in your MyChart Inbox, these emails will not contain any confidential medical information.

It is extremely important that you keep your MyChart ID and PASSWORD in a secure location and completely confidential. Anyone with access to your MyChart ID and PASSWORD will be able to view your medical information and communicate with your healthcare team as if that person were you. It is your responsibility to prevent disclosure of your temporary activation code and password and to change your password and password hint if you feel your security has been compromised. You can change your password and password hint online at any time.

Restrictions

Due to the sensitivity of certain health information, physicians and/or caregivers may elect not to release certain information via MyChart.

Copyright and Trademarks

All content included on MyChart websites, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the “Content”), in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by the “Medical Provider” and Content owned or controlled by third parties and licensed to us. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of “Medical Provider”.

Site Access and Licenses

“Medical Provider” grants a limited license to each user to make personal use only of MyChart, the website and the associated services in accordance with these terms and conditions of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the website and the associated services; making any derivative of the website or the associated services; the collection or use of user email addresses or other user information, including, without limitation, health information; and any data extraction or data mining whatsoever.

Transmission Security

The MyChart website uses encryption software. While we use state-of-the-art security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of MyChart Terms and Conditions of Use information. When using MyChart, information will be transmitted over a medium that is beyond the control of “Medical Provider” and its contractors. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORNMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE. Once the information is received by us, your medical information will be treated as confidential and given the same protection that all other medical records are given.

Links to Third Party Sites

This website contains links to websites operated by other parties. The links are provided for your convenience only. We do not control such websites, and we are not responsible for the content and performance of these sites. The inclusion of links to other websites does not imply any endorsement of the material on the websites or any association with their operators. We do not operate, control or endorse any information, products or services provided by third parties through the Internet. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements and/or policies of the other such websites, if any.

Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MYCHART IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOUR ACCESS TO AND USE OF MYCHART IS AT YOUR SOLE RISK. ” Medical Provider” DOES NOT WARRANT THAT YOUR USE OF MYCHART WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF MYCHART, NOR DOES “Medical Provider” PROVIDE ANY WARRANTY RELATED TO THE TIMELINESS, SEQUENCE, ACCURACY, ADEQUACY OR COMPLETENESS OF ANY DOCUMENTS, MATERIALS OR INFORMATION PROVIDED THROUGH MYCHART. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, “Medical Provider “ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO MYCHART. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL “Medical Provider” BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, MYCHART OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE MYCHART, ANY CHANGES TO OR INACCESSIBILITY OF MYCHART, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH MYCHART, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH MYCHART, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL “Medical Provider’s” TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL PURCHASE PRICE AND/OR FEES PAID, IF ANY, BY YOU TO ” Medical Provider” HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH MYCHART, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF MYCHART AND TERMINATE THIS AGREEMENT.

General

By using the MyChart website, you agree that the laws of the State of Kansas, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and “Medical Provider”, its doctors, nurses, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with “Medical Provider “, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of Wyandotte County, Kansas, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Wyandotte County, Kansas, in connection with any claim involving “Medical Provider”, its affiliates, employees, subsidiaries or MyChart.

Contractors’, officers’ and directors’ use of the MyChart website (mychart.kumed.com) is unauthorized in any jurisdiction that does not give effect to the terms and conditions set forth herein. MyChart is a registered trademark of Epic Systems Corporation.