TERMS OF USE AND CONDITIONS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY BEFORE RECEIVING SERVICES
By receiving healthcare services from this facility, you agree to be bound by these Terms of Use. If you do not agree to these terms, please inform our staff before receiving services.
1. ACCEPTANCE OF TERMS
By signing below or receiving services from this healthcare facility, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and all applicable laws and regulations.
2. DESCRIPTION OF SERVICES
This healthcare facility provides medical, diagnostic, therapeutic, and related healthcare services. The specific services provided will be determined by your healthcare provider based on your individual health needs and in accordance with accepted medical standards of care.
3. PATIENT RESPONSIBILITIES
As a patient, you agree to:
• Provide accurate and complete information about your health history, current symptoms, medications, and allergies
• Follow the treatment plan prescribed by your healthcare provider
• Keep scheduled appointments or provide adequate notice of cancellation
• Treat staff, other patients, and facility property with respect
• Comply with facility policies and procedures
• Pay for services rendered in accordance with the Financial Responsibility Agreement
4. APPOINTMENT POLICY
• Appointments should be scheduled in advance when possible
• Please arrive 15 minutes before your scheduled appointment time
• If you need to cancel or reschedule, please provide at least 24 hours' notice
• Repeated no-shows or late cancellations may result in discharge from the practice
5. MEDICAL RECORDS
• Your medical records are maintained in accordance with applicable state and federal laws
• You may request copies of your medical records in writing
• A reasonable fee may be charged for copying and processing medical records
• Records will be retained for the period required by applicable law
6. COMMUNICATION
• We may contact you regarding appointments, test results, and health information
• You may specify your preferred method of communication
• For your protection, we may verify your identity before discussing health information
TEXT MESSAGE (SMS) CONSENT
By providing your mobile number to this practice and opting in, you agree to receive appointment reminders, re-evaluation notices, and appointment status updates by text message at the number on file. Message frequency varies based on your appointments. Message and data rates may apply. Consent is not a condition of receiving care. You may opt out of text messages at any time by replying STOP to any message, or by updating your communication preferences in the patient portal. Reply HELP for help, or contact our office. The SMS options you select apply only while consent is given; withdrawing consent opts you out of all text messages.
7. PATIENT PORTAL
If you use our patient portal:
• You are responsible for maintaining the confidentiality of your login credentials
• You agree not to share your account access with others
• The portal is provided for your convenience and is not intended for emergencies
• For urgent matters, please call our office or seek emergency care
8. PRESCRIPTION POLICY
• Prescription refill requests require 48-72 hours to process
• Controlled substances require an office visit and are subject to additional policies
• We do not prescribe medications to patients we have not evaluated
9. LIMITATION OF LIABILITY
To the fullest extent permitted by law, this healthcare facility and its providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services, except in cases of gross negligence or willful misconduct.
10. DISPUTE RESOLUTION
Any disputes arising from these Terms of Use or the services provided shall first be addressed through our patient grievance process. If unresolved, disputes may be subject to mediation or arbitration as provided by applicable law.
11. MODIFICATIONS
We reserve the right to modify these Terms of Use at any time. Updated terms will be posted in our facility and on our website. Continued use of our services after modifications constitutes acceptance of the updated terms.
12. SEVERABILITY
If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13. GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the state in which this facility is located.
ACKNOWLEDGMENT
By signing below, I acknowledge that I have read, understood, and agree to these Terms of Use.
BUSINESS ASSOCIATE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS HOW PRACTICE HI HANDLES YOUR PATIENTS' PROTECTED HEALTH INFORMATION.
This Business Associate Agreement ("BAA") is between Practice HI ("Business Associate," "we," "us") and the practice that accepts it through the Practice HI service ("Covered Entity," "Practice," "you"). It is part of, and incorporated into, the Terms of Use and any subscription agreement between us (together, the "Agreement"). If the parties sign a separately negotiated BAA, that document controls.
1. DEFINITIONS
Capitalized terms not defined here have the meanings given in the HIPAA Rules: the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Parts 160 and 164. "PHI" means Protected Health Information that Business Associate creates, receives, maintains, or transmits on behalf of Covered Entity through the Practice HI service (the "Service"). "Services" means the Service and the related support described in the Agreement.
2. OBLIGATIONS OF BUSINESS ASSOCIATE
Business Associate agrees to:
• Not use or disclose PHI other than as permitted or required by this BAA or as required by law
• Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by this BAA
• Report to Covered Entity any use or disclosure of PHI not provided for by this BAA of which it becomes aware, including breaches of unsecured PHI as required at 45 CFR 164.410, and any security incident of which it becomes aware, without unreasonable delay and in no case later than ten (10) business days after discovery
• In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate
• Make PHI in a designated record set available to Covered Entity, or as directed by Covered Entity to an individual, as necessary to satisfy Covered Entity's obligations under 45 CFR 164.524; the Service's patient portal and export functions are the primary means
• Make any amendment to PHI in a designated record set as directed or agreed to by Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity's obligations under that section
• Maintain and make available the information required to provide an accounting of disclosures to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 CFR 164.528; the Service's HIPAA audit log is the primary means
• To the extent Business Associate carries out one or more of Covered Entity's obligations under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligations
• Make its internal practices, books, and records available to the Secretary of Health and Human Services for purposes of determining compliance with the HIPAA Rules
• Apply the minimum necessary standard to its uses, disclosures of, and requests for PHI, and limit access to PHI to those members of its workforce who need it to operate and support the Service
• Train its workforce members who may access PHI on the requirements of the HIPAA Rules and of this BAA, and apply appropriate sanctions to workforce members who violate them
3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
• Business Associate may use or disclose PHI only as necessary to provide, operate, secure, support, and improve the Service for Covered Entity, and as Covered Entity directs through the Service
• Business Associate may use or disclose PHI as required by law
• Business Associate will make uses and disclosures and requests for PHI consistent with Covered Entity's minimum necessary policies and procedures
• Business Associate may not use or disclose PHI in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity, except for the specific uses and disclosures set out in this Section
• Business Associate may use PHI for its proper management and administration or to carry out its legal responsibilities
• Business Associate may disclose PHI for its proper management and administration or to carry out its legal responsibilities, provided the disclosure is required by law, or Business Associate obtains reasonable assurances from the recipient that the information will remain confidential and be used or further disclosed only as required by law or for the purposes for which it was disclosed, and that the recipient will notify Business Associate of any instance of which it is aware in which the confidentiality of the information has been breached
• Business Associate may de-identify PHI in accordance with 45 CFR 164.514(a)-(c) and use and disclose de-identified data, which is not PHI, to operate and improve the Service
• Business Associate may provide data aggregation services relating to the health care operations of Covered Entity as part of the Service
• Business Associate will not sell PHI, and will not use or disclose PHI for marketing or fundraising
4. SUBCONTRACTORS AND HOSTING
The Service runs on cloud infrastructure in the United States. Business Associate's subcontractors that may create, receive, maintain, or transmit PHI include its cloud hosting provider and the providers that deliver email, text messages, telehealth, fax, and payment processing on Covered Entity's behalf. Each is bound by a written agreement that meets the requirements of Section 2. Business Associate will make the current list available on request.
5. OBLIGATIONS OF COVERED ENTITY
• Covered Entity will notify Business Associate of any limitation in its Notice of Privacy Practices under 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI
• Covered Entity will notify Business Associate of any change in, or revocation of, the permission by an individual to use or disclose their PHI, to the extent that such change may affect Business Associate's use or disclosure of PHI
• Covered Entity will notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI
• Covered Entity will not request Business Associate to use or disclose PHI in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity, except as permitted in Section 3
• Covered Entity is responsible for the accounts it creates in the Service, for granting and revoking its users' access, for the security of its users' credentials, and for obtaining any patient authorization or consent the HIPAA Rules require for a use or disclosure it directs through the Service
6. TERM AND TERMINATION
• TERM. This BAA is effective when Covered Entity accepts it and ends when all PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy PHI, when protections are extended to such information in accordance with the termination provisions below
• TERMINATION FOR CAUSE. Covered Entity may terminate this BAA and the Agreement if it determines that Business Associate has violated a material term of this BAA and Business Associate has not cured the breach or ended the violation within thirty (30) days of written notice
• OBLIGATIONS ON TERMINATION. Upon termination for any reason, Business Associate will make Covered Entity's PHI available for export through the Service for thirty (30) days; then, with respect to PHI it maintains in any form: retain only the PHI necessary for its proper management and administration or to carry out its legal responsibilities; return to Covered Entity, or if agreed by Covered Entity destroy, the remaining PHI and retain no copies; continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI for as long as any PHI is retained; not use or disclose retained PHI other than for the purposes for which it was retained and subject to the same conditions set out in Section 3; and return or destroy retained PHI when it is no longer needed for those purposes. Where return or destruction is infeasible, including for audit records the HIPAA Rules require Business Associate to keep, Business Associate will extend the protections of this BAA to the PHI and limit further uses and disclosures to those purposes that make return or destruction infeasible, for so long as it maintains the PHI
• SURVIVAL. The obligations of Business Associate under this Section survive termination of this BAA
7. MISCELLANEOUS
• REGULATORY REFERENCES. A reference in this BAA to a section in the HIPAA Rules means the section as in effect or as amended
• AMENDMENT. The parties agree to take such action as is necessary to amend this BAA from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law. Business Associate may post a revised BAA with a new effective date; continued use of the Service after notice constitutes acceptance
• INTERPRETATION. Any ambiguity in this BAA shall be interpreted to permit compliance with the HIPAA Rules. Where this BAA conflicts with the Agreement on the handling of PHI, this BAA controls
• NO THIRD-PARTY BENEFICIARIES. Nothing in this BAA confers any right, remedy, or obligation on any person other than the parties and their successors and permitted assigns
• GOVERNING LAW. This BAA is governed by the law stated in the Agreement and, as to the handling of PHI, by the HIPAA Rules
8. ACCEPTANCE AND CONTACT
By accepting this BAA you represent that you are authorized to bind the Practice as Covered Entity. Notices under this BAA to Business Associate go to support@practicehi.com; notices to Covered Entity go to the administrative contact on the practice account.