Sherpaa Health, Terms and Conditions of Use
Revised May 31, 2016
If you have, or are having, a medical emergency, YOU SHOULD contact YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM (9-1-1), or go to your local emergency room.
Welcome to the Sherpaa Health Website. By registering with Sherpaa, you agree to the following terms and conditions concerning remote medical consultations conducted via smartphone app, web-based communication or via telephone by a licensed physician (“Physician Consultations”) to which Sherpaa Health, Inc. (“Sherpaa”) provides access.
Introduction: This Privacy Notice is being provided to you by JP Physician as that entity may be formed and incorporated in your state, and the employees and practitioners that work at such practice (collectively referred to herein as “We” or “Our”). We understand that your medical information is private and confidential. Further, we are required by law to maintain the privacy of “Patient Information”, which includes any individually identifiable information that we obtain from you or others that relates to your physical or mental health, the health care you have received, or payment for your health care. We will share Patient Information with one another, as necessary, to carry out treatment, payment or health care operations relating to the services to be rendered at the Practice facilities.
As required by law, this notice provides you with information about your rights and our legal duties and privacy practices with respect to Patient Information. This notice also discusses the uses and disclosures we will make of your Patient Information. We must comply with the provisions of this notice as currently in effect, although we reserve the right to change the terms of this notice from time to time and to make the revised notice effective for all Patient Information we maintain. You can always request a written copy of our most current privacy notice from email@example.com, or you can access it on our website at sherpaa.com/privacy.
General: Prior to accessing a Physician Consultation, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to: (i) agree to these Terms and Conditions of Use; (ii) register for the Physician Consultations under your own name; and (iii) use such services in accordance with these Terms and Conditions of Use and abide by the obligations hereunder.
Sherpaa Profile: You agree to: (i) fully, accurately and truthfully create your Sherpaa profile; and (ii) prohibit anyone else from using your Sherpaa profile. You agree to provide accurate, current and complete information about yourself for your Sherpaa profile, and to periodically review and to update such information as needed to keep it accurate, current and complete. You agree to immediately notify Sherpaa of any actual or suspected unauthorized use of your Sherpaa profile or credentials or other security concerns of which you become aware.
Relationship with Provider: You agree that you are entering into an agreement with JP Physician, P.C. (the “PC”) which shall be a provider of professional medical services to you, which means, among other things, you are entering into a physician – patient relationship with the physician associated with the PC that personally performs the Physician Consultation with you.
Role of Sherpaa: You understand and agree that Sherpaa Health is the provider of certain administrative services to the PC and does not provide professional medical services itself.
Privacy Notice: You agree to PC’s Privacy Notice, the terms of which are incorporated herein by reference.
Prescriptions: You agree that physicians associated with the PC may not prescribe the following drugs:
- Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III)
- Prescriptions for medications that are restricted by states.
- Prescriptions for medications for psychiatric illnesses.
Confirmation of Information: It is your responsibility to confirm any third party information for yourself, or information regarding a minor child of whom you are a parent or legal guardian.
Medical Records: You agree to the entry of your medical records into the PC’s computer database and understand that reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or phone system is totally secure. The PC recognizes your privacy and, in accordance with P.C.’s Privacy Notice, will not release information to anyone without your written authorization or as required or permitted by law.
Communications: You understand and agree Physician Consultations involve the communication of your medical information, both via text or orally, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.
Risks: You understand that there are risks from Physician Consultations, including, but not limited to, the following: 1) loss of records from failure of electronic equipment; 2) power failures with loss of communication; and 3) invasion of electronic records by outsiders (hackers). Finally, you understand that it is impossible to list every possible risk.
Rights: You understand that you have all the following rights with respect to Physician Consultations:
1. Free Choice. You have the right to withhold or withdraw your consent to Physician Consultations at any time without affecting your right to future care or treatment.
2. Access to Information. You have the right to request a copy of all medical information transmitted during a Physician Consultation, which is described in more detail in the P.C.’s Privacy Notice.
3. Confidentiality. You understand that the laws that protect the confidentiality of medical information apply to Physician Consultations, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent, unless otherwise permitted by law.
4. Consequences. You understand that, by having your consent to Physician Consultations, the physician associated with the PC may communicate medical information concerning you to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
External Links: This Website may include links to other sites that are not owned by or under Sherpaa’s control and Sherpaa is not responsible for, and makes no representations, warranties or recommendations with respect to the usefulness, availability or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites.
Adverse Technical Events: All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, Sherpaa assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website or sites accessed through this site.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHERPAA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR ENGAGING IN A PHYSICIAN CONSULTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. SHERPAA IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE.
Copyright and Trademark: All content included on the Website including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), in any form including the compilation thereof, are proprietary to Sherpaa and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by Sherpaa and Content owned or controlled by third parties and licensed to Sherpaa. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Website for personal use and are not authorized to reproduce, sell or exploit the Website or content of the Website for commercial purposes.
Indemnification: You agree to indemnify and hold harmless Sherpaa and its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use or your use of the Website or any products, services or information obtained from the Website.
Amendment of Terms and Conditions: Sherpaa has the right to amend these Terms and Conditions of Use at any time without notice to you by posting the revised Terms and Conditions of Use on this Website. You agree that you are bound by those changes by continuing to use the Website.
Permitted Uses and Disclosures: We can use or disclose your Patient Information for purposes of treatment, payment and health care operations. For each of these categories of uses and disclosures, we have provided a description and an example below. However, not every particular use or disclosure in every category will be listed.
Treatment means the provision, coordination or management of your health care, including consultations between health care providers relating to your care and referrals for health care. For example, a doctor treating you for a broken leg may need to know if you have diabetes because diabetes may slow the healing process. In addition, the doctor may need to contact a physical therapist to create the exercise regimen appropriate for your treatment.
Payment means the activities we undertake to obtain reimbursement for the health care provided to you, including billing, collections, claims management, eligibility and other utilization review activities. For example, we may need to provide Patient Information to your Third Party Payor to determine whether the proposed course of treatment will be covered or if necessary to obtain payment.
Heath care operations means the support functions of the Practice, related to treatment and payment, such as quality assurance, case management, responding to patient complaints, physician reviews, compliance programs, audits, business planning, management and administrative activities. For example, we may use your Patient Information to evaluate the performance of our staff. We may also combine Patient Information about many patients to decide what additional services we should or should not offer and whether certain new treatments are effective. We may also disclose Patient Information for review and learning purposes. We may also remove information that identifies you so that others can use the de-identified information to study health care and health care delivery without learning who you are.
Other Uses And Disclosures of Patient Information: We may also use your Patient Information in the following ways:
- To provide appointment reminders
- To tell you about or recommend possible treatment alternatives or other health-related benefits and services.
- To your family or friends or any other individual identified by you if they are involved in your care. We may use or disclose your Patient Information to notify, or assist in the notification of, a family member, a personal representative, or another person responsible for your care, of your location, general condition or death. If you are available, we will give you an opportunity to object to these disclosures, and we will not make these disclosures if you object. If you are not available, we will determine whether a disclosure to your family or friends is in your best interest, taking into account the circumstances and based upon our professional judgment.
- When permitted by law, we may coordinate our uses and disclosures of Patient Information with public or private entities authorized by law or by charter to assist in disaster relief efforts.
- We will allow your family and friends to act on your behalf to pick-up filled prescriptions, medical supplies, X-rays, and similar forms of Patient Information, when we determine, in our professional judgment, that it is in your best interest to make such disclosures.
- We will use or disclose Patient Information about you when required to do so by applicable law.
- In accordance with applicable law, we may disclose your Patient Information to your employer if we are retained to conduct an evaluation relating to medical surveillance of your workplace or to evaluate whether you have a work-related illness or injury. You will be notified of these disclosures by your employer or the Practice as required by applicable law.
Note: incidental uses and disclosures of Patient Information sometimes occur and are not considered to be a violation of your rights. Incidental uses and disclosures are by-products of otherwise permitted uses or disclosures which are limited and cannot be reasonably prevented.
Special Situations: Subject to the requirements of applicable law, we may use or disclose your Patient Information:
- Organ and Tissue Donation. If you are an organ donor, to organ procurement organizations to facilitate organ or tissue donation and transplantation.
- Military and Veterans. If you are a member of the Armed Forces or foreign military personnel, as required by military command authorities.
- Worker’s Compensation. For programs that provide benefits for work-related injuries or illnesses.
- Public Health Activities. For public health activities, including disclosures:
- to prevent or control disease, injury or disability;
- to report births and deaths;
- to report child abuse or neglect;
- to persons subject to the jurisdiction of the Food and Drug Administration (FDA) for activities related to FDA-regulated products or services;
- to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
- to notify the appropriate government authority if we believe that an adult patient has been the victim of abuse. We will only make this disclosure if the patient agrees or when required or authorized by law.
- Health Oversight Activities. To federal or state agencies that oversee our activities (e.g., health care, seeking payment, and civil rights).
- Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, in response to appropriate legal requests in certain limitations.
- Law Enforcement. If asked to do so by a law enforcement official:* In response to a court order, warrant, summons or similar process;
* To identify or locate a suspect, fugitive, material witness, or missing person;
* About the victim of a crime under certain limited circumstances;
* About a death we believe may be the result of criminal conduct;
* About criminal conduct on our premises; or
* In emergency circumstances, to report a crime, the location of the crime or the victims, or the identity, description or location of the person who committed the crime.
- Coroners, Medical Examiners and Funeral Directors. To a coroner or medical examiner or to funeral directors as necessary to carry out their duties.
- National Security and Intelligence Activities. To authorized federal officials for intelligence, counterintelligence, other national security activities authorized by law or to authorized federal officials so they may provide protection to the President or foreign heads of state.
- Serious Threats. As permitted by applicable law and standards of ethical conduct, if we, in good faith, believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public or is necessary for law enforcement authorities to identify or apprehend an individual.
Note: HIVrelated information, genetic information, alcohol and/or substance abuse records, mental health records and other specially patient information may enjoy certain special confidentiality protections under applicable state and federal law. Any disclosures of these types of records will be subject to these special protections.
Other Uses Of Your Health Information: Certain uses and disclosures of Patient Information will be made only with your written authorization, including uses and/or disclosures: (a) of psychotherapy notes (where appropriate); (b) for marketing purposes; and (c) that constitute a sale of Patient Information. Other uses and disclosures of Patient Information not covered by this notice or the laws that apply to us will be made only with your written authorization. You have the right to revoke that authorization at any time, provided that the revocation is in writing, except to the extent that we already have taken action in reliance on your authorization.
Your Rights: In order to make any requests in this Section, you may contact the Privacy Officer.
1. You have the right to request restrictions on our uses and disclosures of Patient Information. However, we are not required to agree to your request unless the disclosure is to a health plan, the Patient Information pertains solely to health care items or services for which you have paid the bill in full, and the disclosure is not otherwise required by law.
2. You have the right to reasonably request to receive confidential communications of your Patient Information by alternative means or at alternative locations.
3. You have the right to inspect and copy the Patient Information contained in our Practice records, except:
(i) for psychotherapy notes, (i.e., notes that have been recorded during counseling sessions and have been separated from the rest of your medical record);
(ii) for information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding;
(iii) For research, your access to the Patient Information may be restricted for as long as the research is in progress, provided that you agreed to the temporary denial of access;
(iv) for Patient Information contained in records kept by a federal agency or contractor when your access is restricted by law; and
(v) for Patient Information obtained from someone other than us under a promise of confidentiality when the access requested would be reasonably likely to reveal the source of the information.
If you request a copy, we may charge you a fee for the costs of copying and mailing your records.
We may also deny a request for access to Patient Information under certain circumstances if there is a potential for harm to yourself or others. If we deny a request for access for this purpose, you may have the right to have our denial reviewed.
4. You have the right to request an amendment to your Patient Information but we may deny your request for amendment in certain limited circumstances. Any agreed upon amendment will be included as an addition to, and not a replacement of, already existing records. You must submit your request in writing, with a description of the reason for your request.
5. You have the right to receive an accounting of disclosures of Patient Information made by us other than to you for the six years prior to your request, except for disclosures:
(i) to carry out treatment, payment and health care operations;
(ii) incidental to a use or disclosure otherwise permitted or required by applicable law
(iii) pursuant to your written authorization;
(iv) to persons involved in your care or for other notification purposes as provided by law;
(v) for national security or intelligence purposes;
(vi) to correctional institutions or law enforcement officials;
(vii) as part of a limited data set as provided by law.
Your request must state a specific time period for the accounting (e.g., the past three months). The first accounting will be free. For additional accountings, we may charge you for the costs of providing the list. We will notify you of the costs involved.
6. You have the right to receive a notification, in the event that there is a breach of your unsecured Patient Information, which requires notification under applicable law.
Complaints If you believe that your privacy rights have been violated, you should immediately contact the Practice Privacy Officer at firstname.lastname@example.org. We will not take action against you for filing a complaint. You also may file a complaint with the Secretary of the U. S. Department of Health and Human Services.
Contact Person: If you have any questions or would like further information about this notice, please contact the Practice Privacy Officer at email@example.com.
This notice is effective as of May 31, 2016