Last Updated: January 22, 2020.
(Applicable to all patients, individuals requesting records on their own behalf, and substitute decision makers or those requesting records on the behalf of other individuals)
If you do not accept these terms and conditions, you must not access or use the Portal.
Custodians are health care plans, insurers, health care clearinghouses, health care providers, and other entities who transmit Personal Health Information to Medchart with your consent. Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer.
Personal Health Information is Personal Information relating to the past, present, or future health status of an individual that is created, collected, transmitted, or maintained (collectively, “Processed”) by Custodians. This includes health information that can be tied to an individual through identifiers such as: name; address; email address; telephone and fax numbers; social security numbers or other government issued IDs; insurance, medical record, or other account numbers; biometric identifiers; photographs or images; device identifiers; or other persistent identifiers that can reasonably be used to identify an individual. Data from which all personal identifiers have been removed, such that the information cannot reasonably be used to identify the individual, is not considered personal health information.
Medchart manages an internet-based Portal designed to give selected Clients the opportunity (a) to initiate the creation of a personal health record containing information such as personal and family health history, medications, allergies, and other relevant Personal Information, including Personal Health Information from Custodians, in order to gain greater access to their Personal Information, including Personal Health Information and thereby participate more fully in their own care; (b) to interact and share their Personal Information, including Personal Health Information with Client-authorized users such as healthcare providers, members of their circle of care or family members, and (c) to seek general information pertinent to their medical condition.
Registering for the Portal Account
Portal Provided Only as a Convenience for Clients
The Portal is provided by Medchart in its discretion, as a convenience to its clients. Participation in the Portal by each Client is entirely voluntary. You may discontinue your participation in the Portal at any time by notifying Medchart. Should you discontinue your participation in the Portal, or if your access to the Portal is discontinued or terminated for any reason, your Portal ID and Password will be deactivated. If you decide to discontinue your use of the Portal, all persons previously authorized to view that your Portal record will be notified that their access has been discontinued at your request. Provision by Medchart of the Portal and any of its specific functions is entirely voluntary. Medchart reserves the right at any time, and from time to time, to modify or terminate, temporarily or permanently, the Portal, its Content or any part or function thereof, with or without notice to you. Medchart shall have no liability to you or any third party for any such modifications, suspensions or discontinuance of the portal or any part thereof. In the event of any termination, you are no longer authorized to access the Portal, its Content or any part or function thereof, affected by such termination. The restrictions imposed on you with respect to material downloaded from the Portal and the disclaimers and limitations of liabilities set forth in this Agreement shall survive any discontinuance or termination of the Portal or this Agreement. Further, the Portal, the Content, and Postings (as defined below) are provided "AS IS" . Medchart makes no representation, warranties or covenants, express or implied, regarding the Portal, Content, and Postings, including, without limitation, no representation, warranty or covenant that (i) the functions of or the content made available through the Portal will be uninterrupted or virus-free or error-free, or that the content will be accurate, authentic, complete, current, reliable, or timely; or (ii) that communications to or from the Portal will be secure and/or not intercepted. Note that any information sent or received over the internet is generally not secure. The Portal may transmit your Personal Information over the public internet. Information transmitted over the internet may be subject to inadvertent loss or theft. While Medchart will undertake reasonable measures to protect that information, Medchart cannot guarantee the security of any information transmitted to or from the Portal. By using the Portal, you agree that your access and use of the Portal and the Content is entirely at your own risk and liability.
Portal Content is Not a Substitute for Medical Advice
Always seek the advice of a physician, or other qualified health care provider properly licensed to practice medicine or general health care in your jurisdiction, concerning any questions you may have regarding any information obtained from the Portal and any medical conditions you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay seeking it because of something you have read on the Portal. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information obtained on the Portal is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Any tools, calculators or quizzes provided on the Portal are provided for general informational and illustrative purposes only, and are not intended to be a substitute for, medical advice. You should not act or abstain from acting based on any information provided by any such tool.
Limitations of the Portal as Communications Tool
Do not use the Portal to communicate or treat medical emergencies. If you have a medical emergency, call your physician, qualified health care provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Portal. The Portal does not create physician-patient relationships. The presentation of information on the Portal does not establish a physician-patient relationship between you and Medchart.
The Portal contains third party content and links. The Portal does not endorse nor have any responsibility for content or providers of third party links. Neither Medchart nor its employees, agents, officers or directors have any responsibility or liability for, or recommend or endorse, any information or brand of products or portals that may be available on the Portal through such content or links. In addition, Medchart prohibits any link to the Portal at any time made without the consent of Medchart and may remove a link without notice. Upon the request of Medchart you agree to remove any link to the Portal you may have acquired or stored.
Closing of Accounts
You can close your Account with us at any time. We also have the right to close your Account for any reason. In the event that your Account is closed you will have 30 days to download a copy of your Personal Information stored on the Medchart Portal, after which we may securely destroy all of Personal Information that we have on the Portal. Upon your death or incapacity, we are authorized to take such steps and/or require such documentation (including but not limited to a certified copy of the death certificate, a letter of direction and notarized copy of the certificate appointing a Personal Representative, Estate Executor or Administrator, [or your state’s equivalents of these documents]) or restrict transactions in the Account as we deem prudent or advisable. In all cases, you (or your estate) shall continue to remain responsible for any transaction on your Account. Your estate representative will have the same rights, responsibilities and obligations under the Agreement as you, the Account holder, unless we, in our sole discretion, determine otherwise.
We will consider any electronic communication received from you or in your name to be duly authorized by you. A copy of any electronic communication will be admissible in any legal, administrative or other proceedings in the same manner as an original document in writing. You agree to waive any right to object to the introduction of any copy of electronic communications in evidence.
Electronic Notices to Client
Medchart may send you notifications, alerts and other communications by email (at the email address provided on your Account) and/or through your Portal Account, including:
- Alerts and requests for information in relation to identity theft and other fraud or security-related activities;
- Requests for information that may be required in connection with Medchart's legal obligations;
- Notifications containing legal disclosures;
- Communications arising from all manner of legal actions, causes of action, complaints, claims, applications to administrative tribunals, legal demands or otherwise;
- Notifications of corporate actions that require your attention;
- Alerts providing you with reminders or Account-related instructions;
- And other Account-related alerts requested by you.
You agree that receipt of these notifications, alerts and other communications by email as determined by Medchart is a mandatory and integral part of your Account.
Risks of Using Email
The security of e-mail messages is not guaranteed. Messages sent to, or from, Medchart may be seen by others using the Internet. E-mail is easy to forge, may be accidentally forwarded, and may exist indefinitely. For this reason, it is recommended that you do not use e-mail to discuss information you think is sensitive including, without limitation, sensitive health and medical conditions. If you decide to use e-mail, please inform Medchart if there are certain types of information that you do not want to discuss by e-mail. Do not use e-mail in an emergency because e-mail can be delayed.
Privacy of Personal Information & Personal Health Information
If you use the Sharing Function on your Portal Account, you consent to Medchart disclosing your selected Personal Information and/or Personal Health Information ("Shared Information") to your selected authorized Medchart Portal user(s) ("Sharing Recipients"). You agree that Medchart may allow your Sharing Recipients to access, use, reproduce, disclose, and/or control your Shared Information and Account functions up to the Sharing permission level that you set for each Sharing Recipient in your Portal. You understand that Medchart cannot control and is not responsible for Sharing Recipients’ actions involving your Personal Information and/or Personal Health Information. You are responsible for verifying the identity of your Sharing Recipients and for clearly communicating to your Sharing Recipients your intentions for giving them access to your Shared Information and/or Account functions. You agree to assume the risk associated with unauthorized and inadvertent disclosure of your Personal Information and Personal Health Information through the use of the Sharing Function. Medchart will not be liable for any loss or damages that result from your use of the Sharing Function on your Portal Account. If another Medchart user ("Sharer") has authorized you to access, use, reproduce, disclose and/or control the Sharer's Shared Information and/or Account functions on your Portal Account, you agree to hold all Shared Information in the strictest confidence, and only use the Shared Information and/or Account functions with the explicit consent of the Sharer and within the limits of this User Agreement.
Fees and Refund Policy
All fees payable to Medchart for services are in U.S. dollars and are considered final payments. Where Medchart invoices you for services rendered, payment terms are stated in your specific contract with Medchart or on the invoice. No refunds will be given on fees paid except at the sole discretion of Medchart. By law, the health information Custodian to whom you direct a record request has the right to charge a reasonable fee to recover costs, including time and materials, incurred in fulfilling your request for release of medical records. As the requestor, you are responsible for the payment of these Custodian invoices. For your convenience, when Medchart receives these invoices you will be given an option to have Medchart act as your paying agent in respect of these invoices, in which case you may pay the Custodian’s invoices online in your Medchart Portal, and then Medchart will, acting as your agent, forward payment to that Custodian. If you refuse to pay a Custodian’s invoice, you will not receive the records, or access to the records requested from that Custodian on Medchart.
Your Medchart Portal participation is entirely voluntary and provided only as a convenience to you. As a result, you agree to indemnify, defend and hold harmless Medchart and any of its employees, agents, officers, directors, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, or (ii) your access to, use, misuse, provision, reliance upon or inability to access or use the Portal, the Content, or the Postings.
Copyright and Limited License
The Content is protected by copyright law and is owned by Medchart or the Content provider. Except as granted in the limited licenses herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Portal or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Medchart. Subject to the terms and conditions of the Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Portal and the Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the Content (including, where made available on the Portal, downloads of software) for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online other than within this Portal. You must also abide by any additional requirements governing the use of any special Content that may be set out in the Portal. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.
Rules Governing Postings Made to the Portal
The Portal may provide features that allow you to participate in discussion groups, communicate with Medchart, its agents and other 3rd party users, and otherwise post/execute/finalize/upload/communicate information, files, documents, or other materials (including, without limitation, agreements, medical request forms, consent forms, powers of attorney, and patient-related materials) The Portal may provide features which allow you to participate in discussion groups, to communicate with Medchart, its agents and other 3rd party users and to otherwise post/execute/finalize/upload/communicate information, files, documents, or other materials (including, without limitation, agreements, medical request forms, consent forms, powers of attorney, and patient-related materials) ("Postings"). Medchart does not control the content of any Posting and has no obligation to monitor any Posting. While Medchart may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for such content or any damages resulting therefrom. However, Medchart reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, Medchart's, in its sole discretion, deems objectionable, inaccurate, misleading or in violation of the Agreement. Medchart does not control the content of any Posting and has no obligation to monitor any Posting. While Medchart may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for their content or any damages resulting therefrom. However, Medchart reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, in Medchart's sole discretion, is objectionable, inaccurate, misleading or in violation of the Agreement. For greater certainty, Medchart will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the content of Postings to the Portal and the consequences thereof.
The Portal is used by multiple users and we ask that each user respect the rights of other Portal users. It is a condition of your use of the Portal that you do not:
- Restrict or inhibit another user from using and enjoying the Portal, interfere or attempt to interfere with the proper workings of the Portal or do anything that, in the sole discretion of Medchart, imposes an unreasonable or disproportionately large burden on the Portal infrastructure; Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law;
- Execute, post, or transmit any content, information, or documents that you know to be inaccurate, inauthentic, fraudulent, deceptive, improperly made or obtained, or for which you do not have the lawful authority to execute, post or transmit;
- Post or transmit any information, including, without limitation, articles, images, stories, software, or other material that violates or infringes upon the rights of others, including material that constitutes an invasion of privacy or publicity rights, or that is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein or derivative works with respect thereto, without first obtaining permission from Medchart or rights holder;
- Post or transmit any information or material that contains a virus or other harmful component; Post or transmit "junk mail," "chain letters," unsolicited mass mailing or "spam";
- "Mine" or otherwise use the Portal for commercial purposes, including, without limitation, posting, or transmitting any information or material that contains advertising, engages in commercial activities, solicitations or sales, or involves contests, sweepstakes, advertising and pyramid schemes; or
- Engage in any other behavior in connection with the Portal that Medchart in its sole discretion determines is objectionable. Subject to applicable law, any Postings made using this Portal or otherwise made to Medchart, excluding those containing your Personal Information or your Personal Health Information, are made on a non-confidential basis.
De-identified Data is not considered Personal Information and is not confidential information. Medchart is under no obligation to refrain from reproducing, publishing or otherwise using such data, and may it them, in any way or for any purpose. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Medchart to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings. For greater certainty, Medchart shall not use or disclose your Personal Information and/or Personal Health Information without your consent.
General Legal Terms and Conditions
Where use of this Portal is unauthorized in any jurisdiction and where the Portal or any of the Content may violate any laws or regulations, you agree not to access or use the Portal. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Any consent by Medchart to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the Agreement. This is the entire agreement between you and Medchart relating to your access and use of the Portal. Any questions regarding the general terms and conditions, including in respect of any use or disclosure of the information made available by you, should be directed to:
215 S. Denton Tap Rd, Suite 290
Coppell, TX, 75019 USA