The MyChart Patient Portal (the "Site") is a health management tool from the New York City Health and Hospitals Corporation ("NYC Health + Hospitals", "we", "us" or "our"). The Site includes software and data provided by us and by our licensors and providers, and /or their respective affiliates. The Site provides you with access to medical information related to your care and treatment at NYC Health + Hospitals and may assist you in treatment related decision making and health related planning; as the Site develops, we may add to, alter or reduce the services available through the Site.
YOUR USE OF THE SITE IS GOVERNED BY THESE TERMS AND CONDITIONS OF USE (THESE "TERMS"), AND BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.
DO NOT USE THE SITE IN CASE OF EMERGENCY
IF YOU NEED OR SUSPECT THAT YOU NEED IMMEDIATE OR PROMPT MEDICAL ASSISTANCE, DO NOT CONTACT US USING THIS SITE. CALL 911 IMMEDIATELY.
FOR ANY COMMUNICATIONS THROUGH THIS SITE, YOU SHOULD BE PREPARED FOR AND ALLOW AT LEAST THREE (3) BUSINESS DAYS FOR A RESPONSE.
HOW WE MAY MODIFY THESE TERMS
We may modify these Terms at any time. Any modifications made to will be effective immediately upon our posting the modified Terms on the Site. By accessing or using the Site, you agree to be bound by the Terms as posted on the Site at the time of your access or use. You agree to review the posted Terms each time you access or use the Site so that you are aware of any modifications made to these Terms
You may not use the Site unless you are 18 years of age or older.
RELEASE OF INFORMATION AUTHORIZATION
You hereby authorize us to release your personal health information to you via the Site, and acknowledge and agree that your access to your health information (or, in limited circumstances, that of your minor child)is for your personal use only, and that for a more detailed explanation of test results or other information received through the Site, you should communicate directly with your appropriate health care professional. This authorization will remain valid unless/until it is revoked.
This authorization may cover disclosure of information relating to ALCOHOL or DRUG ABUSE, GENETIC TESTING, PSYCHIATRIC CARE and/or CONFIDENTIAL HIV RELATED INFORMATION. You may revoke your authorization to provide your information by terminating your Site account.
THIRD PARTY WEBSITES
The Site may reference or provide links to third party websites. PLEASE BE AWARE THAT WE DO NOT CONTROL, OR ARE WE RESPONSIBLE FOR, THE OPERATION, CONTENT, PRIVACY AND INFORMATION PRACTICES, OR ANY OTHER ASPECT OF THOSE THIRD PARTY SITES, SO YOU SHOULD CAREFULLY REVIEW THOSE SITESĺ TERMS AND PRIVACY POLICIES.
COMMUNICATION WITH HEALTH CARE PROFESSIONALS
THE SITE ALLOWS YOU TO COMMUNICATE DIRECTLY WITH HEALTH CARE STAFF AT NYC Health + Hospitals. We will make reasonable efforts to provide a response to electronic inquiries within three (3) business days, but we do not guarantee a timely response. In some cases, the staff that needs to respond to an electronic inquiry or other communication may not be immediately available so you should allow at least (3) business days for a response. Any Situations requiring attention in the less than three (3) business days should not be submitted electronically.
WE ARE ONLY ABLE TO RESPOND TO PATIENT COMMUNICATIONS BASED ON THE INFORMATION PROVIDED BY THE PATIENT. IF THERE IS INSUFFICIENT OR INCORRECT INFORMATION PROVIDED, WE WILL BE UNABLE TO PROVIDE ACCURATE AND RELIABLE INFORMATION AND SERVICES.
PRESCRIPTION INFORMATION AND REFILLS
IN THE EVENT THAT YOU RECEIVE PRESCRIPTION REFILLS THROUGH THE SITE, YOU ACKNOWLEDGE AND AGREE THAT SUCH RENEWAL IS BEING PROVIDED SOLELY ON THE BASIS OF, AND IN RELIANCE UPON, THE ACCURACY AND COMPLETENESS OF THE MEDICAL INFORMATION HELD BY THE HEALTH CARE PROFESSIONAL ISSUING SUCH REFILL, AND IT IS YOUR RESPONSIBILITY TO ENSURE THE ACCURACY AND COMPLETENESS OF THE INFORMATION HELD BY THAT HEALTH CARE PROFESSIONAL BEFORE REQUESTING ANY REFILL.
CONDITIONS OF ACCESS TO, AND USE OF, THE SITE
You agree to access and use the Site only for lawful purposes, and in no event will you, and you will not try to, access any portions of the Site to which you have not been granted access by us, and you will not, and will try to, access the accounts of any individuals other than yourself unless you are expressly permitted to do so by law (e.g. you have been appointed legal guardian of the applicable individual by a court of competent jurisdiction). You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site. Without limiting the above, by accessing the Site, you agree that you will not:
VERIFICATION OF INDENTITY
You acknowledge and agree that the creation of your account and your ability to use the Site are contingent on verification of your identity by use of an initial access code that we provide to you, together with certain other personal identifiers that we may require that you provide. WHILE WE ATTEMPT TO USE REASONABLE MEASURES TO VERIFY IDENTITIES, IDENTITY FRAUD AND OTHER UNAUTHORIZED USES ALWAYS REMAIN POSSIBILE, SO PLEASE INFORM US IMMEDIATELY THROUGH THE METHODS NOTED UNDER "CONTACT US" BELOW IF YOU BELIEVE THAT YOUR IDENITY MAY BE BEING IMPROPERLY USED ON THE SITE.
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the security and confidentiality of passwords associated with your account on the Site, and you are solely responsible to us, the City of New York (the "City") and all of our licensors and vendors, and all of their respective affiliates, directors, officers, employees, contractors, agents and representatives (collectively, all of the foregoing, the "Protected Parties") for any and all activities occurring from within or in association with your account. If you become aware of any unauthorized use of your password or of your account, you must immediately notify us at the contact information under "Contact Us" below.
ACCOUNT SUSPENSION OR TERMINATION AND CHANGES TO THE SITE
We may suspend or terminate your account and/or your access to the Site, with or without notice to you, if you do not comply with these Terms, if we are investigating suspected breach of the Terms, or for any other reason in the interest of protecting patient information, the Site, or the Protected Parties.
We may change, add to or eliminate parts or all of the Site at any time, due to technical, legal, financial, practical or other reasons. In the event of any such changes your access to the Site and the information on the Site may be limited or unavailable on a temporary or permanent basis.
We shall not be liable to you or any third party for any such suspension, termination, change or discontinuance.
YOUR USE OF THE SITE IS VOLUNTARY AND ENTIRELY AT YOUR OWN RISK. THE SITE, AND ALL INFORMATION, GUIDANCE AND CONTENT CONTAINED IN OR PROVIDED THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS INTENDED FOR USE ONLY TO SUPPORT YOUR RELATIONSHIP WITH YOUR PROFESSIONAL HEALTH CARE PROVIDERS. WE DO NOT WARRANT OR GUARANTEE THE QUALITY, ACCURACY, COMPLETELNESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER UNAUTHORIZED COMPUTER CODE, TIMELY, SECURE OR ERROR-FREE. NEITHER WE NOR THE PROTECTED PARTIES WARRANT OR GUARANTEE AGAINST ANY DELAYS, ERRORS, OMMISSIONS, INTERRUPTIONS OR LOSS OF ANY DATA.
ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES OF YOUR USE OF THE SITE OR ANY MATERIAL OR INFORMATION YOU OBTAIN FROM THE SITE, INCLUDING ANY PERSONAL INJURY OR DEATH, DAMAGE TO YOUR OR ANY THIRD PARTY COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL OR INFORMATION.
LIMITATION OF LIABILITY
NEITHER WE, NOR ANY OF THE PROTECTED PARTIES, WILL BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (REGARDLESS OF WHETHER OR NOT THEY WERE FORESEEABLE, AND EVEN IF WE OR THE PROTECTED PARTIES WERE ADVISED OF THE POSSIBLITY OF SUCH DAMAGE), ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, OR ANY INFORMATION, GUIDANCE OR SERVICES RELATED TO OR PROVIDED BY THE SITE, AND WHETHER PROVIDED BY US OR A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR DAMAGES RELATED DIRECTLY OR INDIRECTLY TO THE SITE IS TO STOP USING THE SITE.
You hereby agree to indemnify, defend and hold harmless the Protected Parties from against any damages, losses, liabilities, judgments, costs or expenses (including without limitation reasonable attorneys' fees and costs, including without limitation any incurred in enforcement of this indemnity) arising out of any claim relating to your use of the Site, or your breach or violation of these Terms or any other term or condition contained on the Site.
YOUR BREACH OF THESE TERMS
If you violate these Terms in any way, we may, in our sole discretion, suspend or terminate your access to the Site, or any portion thereof, with or without notice to you. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such suspension or termination. Our failure to act with respect to a breach by you or others of these Terms does not waive our right to act with respect to any such breach or any subsequent or similar breaches.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, service marks, design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on the Site and the selection and arrangements thereof, are our property or that of their respective owners. Except as expressly provided in this section, your rights to use any of the foregoing are only in the context and within the confines of the Site or the applicable third party site or service, and in all cases in accordance with these Terms and the terms of those sites. All rights are reserved by the applicable owner.
Any and all trademarks, service marks and logos on the site are owned by us or by their respective owners.
You may download and reprint a single copy of the materials from the Site for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
ENFORCEMENT OF TERMS, RIGHTS AND REMEDIES
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we otherwise have under applicable law), such omission will not be taken to be a formal waiver of the our rights and shall not be construed to be a modification of these Terms.
If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be revised, reduced or removed from these Terms, to the minimum extent necessary to render it valid, without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
GOVERNING LAW AND VENUE
These Terms, and your relationship with us and the other Protected Parties, shall be governed by and construed in accordance with the Laws of the State of New York (notwithstanding New York choice-of-law rules). You agree that any and all claims asserted by or against the Protected Parties arising under or related to these Terms shall solely be heard and determined either in the courts of the United States located in the City or County of New York or in the courts of the State of New York located in the City and County of New York.
If you have any questions about the Site, you may e-mail us at MyChart@NYCHHC.org.
IF YOU HAVE OR SUSPECT THAT YOU HAVE A SERIOUS MEDICAL PROBLEM OR CONDITION, DO NOT CONTACT US USING THIS SITE, AND CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL AND/OR CALL 911 IMMEDIATELY.
These Terms effective as of April 1, 2016.